By:  Ellis                                            S.J.R. No. 19
       73R3306 SMH-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment to modify the provisions for
    1-2  the redemption of real property sold at a tax sale.
    1-3        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article VIII, Section 13, of the Texas
    1-5  Constitution is amended to read as follows:
    1-6        Sec. 13.  (a)  Provision shall be made by the <first>
    1-7  Legislature for the <speedy> sale<, without the necessity of a suit
    1-8  in Court,> of a sufficient portion of all lands and other property
    1-9  for the taxes due thereon that<, and every year thereafter for the
   1-10  sale in like manner of all lands and other property upon which the
   1-11  taxes> have not been timely paid.
   1-12        (b)  The<; and the> deed of conveyance to the purchaser for
   1-13  all lands and other property thus sold shall be held to vest a good
   1-14  and perfect title in the purchaser thereof, subject only to
   1-15  redemption as provided by this section or impeachment <be impeached
   1-16  only> for actual fraud.
   1-17        (c)  The<; provided, that the> former owner of a residence
   1-18  homestead sold for unpaid taxes and the former owner of land
   1-19  designated for agricultural use sold for unpaid taxes shall within
   1-20  two years from date of the filing for record of the Purchaser's
   1-21  Deed have the right to redeem the property <land> on the following
   1-22  basis:
   1-23              (1)  Within the first year of the redemption period,
   1-24  upon the payment of the amount of money paid for the property
    2-1  <land>, including the <One ($1.00) Dollar> Tax Deed Recording Fee
    2-2  and all taxes, penalties, interest, and costs paid plus an amount
    2-3  not exceeding 25 <twenty-five (25%)> percent of the aggregate
    2-4  total; and
    2-5              (2)  Within the last year of the redemption period,
    2-6  upon the payment of the amount of money paid for the property
    2-7  <land>, including the <One ($1.00) Dollar> Tax Deed Recording Fee
    2-8  and all taxes, penalties, interest, and costs paid plus an amount
    2-9  not exceeding 50 <fifty (50%)> percent of the aggregate total.
   2-10        (d)  If the property is sold pursuant to a suit to enforce
   2-11  the collection of the unpaid taxes, the Legislature may limit the
   2-12  application of Subsection (c) of this section to property used as a
   2-13  residence homestead when the suit was filed and to land designated
   2-14  for agricultural use when the suit was filed.
   2-15        (e)  The former owner of real property not covered by
   2-16  Subsection (c) of this section sold for unpaid taxes shall within
   2-17  six months from the date of filing for record of the Purchaser's
   2-18  Deed have the right to redeem the property upon the payment of the
   2-19  amount of money paid for the property, including the Tax Deed
   2-20  Recording Fee and all taxes, penalties, interest, and costs paid
   2-21  plus an amount not exceeding 25 percent of the aggregate total.
   2-22        SECTION 2.  The following temporary provision is added to the
   2-23  Texas Constitution:
   2-24        TEMPORARY PROVISION.  (a)  This temporary provision applies
   2-25  to the constitutional amendment proposed by ___J.R. No.____, 73rd
   2-26  Legislature, Regular Session, 1993, and expires January 1, 1997.
   2-27        (b)  The amendment to Article VIII, Section 13, of this
    3-1  constitution takes effect January 1, 1994.
    3-2        (c)  The amendment applies to redemption of real property
    3-3  sold at a tax sale for which the purchaser's deed is filed for
    3-4  record on or after the effective date of this amendment.
    3-5  Redemption of real property sold at a tax sale for which the
    3-6  purchaser's deed is filed for record before the effective date of
    3-7  this amendment is covered by the former law, and the former law is
    3-8  continued in effect for this purpose.
    3-9        SECTION 3.  This proposed constitutional amendment shall be
   3-10  submitted to the voters at an election to be held November 2, 1993.
   3-11  The ballot shall be printed to provide for voting for or against
   3-12  the proposition:  "The constitutional amendment to modify the
   3-13  provisions for the redemption of real property sold at a tax sale."