1-1 By: Ellis, Leedom S.J.R. No. 19
1-2 (In the Senate - Filed February 15, 1993; February 16, 1993,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 9, 1993, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; March 9, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 SENATE JOINT RESOLUTION
1-16 proposing a constitutional amendment to modify the provisions for
1-17 the redemption of real property sold at a tax sale.
1-18 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19 SECTION 1. Article VIII, Section 13, of the Texas
1-20 Constitution is amended to read as follows:
1-21 Sec. 13. (a) Provision shall be made by the <first>
1-22 Legislature for the <speedy> sale<, without the necessity of a suit
1-23 in Court,> of a sufficient portion of all lands and other property
1-24 for the taxes due thereon that<, and every year thereafter for the
1-25 sale in like manner of all lands and other property upon which the
1-26 taxes> have not been timely paid.
1-27 (b) The<; and the> deed of conveyance to the purchaser for
1-28 all lands and other property thus sold shall be held to vest a good
1-29 and perfect title in the purchaser thereof, subject only to
1-30 redemption as provided by this section or impeachment <be impeached
1-31 only> for actual fraud.
1-32 (c) The<; provided, that the> former owner of a residence
1-33 homestead sold for unpaid taxes and the former owner of land
1-34 designated for agricultural use sold for unpaid taxes shall within
1-35 two years from date of the filing for record of the Purchaser's
1-36 Deed have the right to redeem the property <land> on the following
1-37 basis:
1-38 (1) Within the first year of the redemption period,
1-39 upon the payment of the amount of money paid for the property
1-40 <land>, including the <One ($1.00) Dollar> Tax Deed Recording Fee
1-41 and all taxes, penalties, interest, and costs paid plus an amount
1-42 not exceeding 25 <twenty-five (25%)> percent of the aggregate
1-43 total; and
1-44 (2) Within the last year of the redemption period,
1-45 upon the payment of the amount of money paid for the property
1-46 <land>, including the <One ($1.00) Dollar> Tax Deed Recording Fee
1-47 and all taxes, penalties, interest, and costs paid plus an amount
1-48 not exceeding 50 <fifty (50%)> percent of the aggregate total.
1-49 (d) If the property is sold pursuant to a suit to enforce
1-50 the collection of the unpaid taxes, the Legislature may limit the
1-51 application of Subsection (c) of this section to property used as a
1-52 residence homestead when the suit was filed and to land designated
1-53 for agricultural use when the suit was filed.
1-54 (e) The former owner of real property not covered by
1-55 Subsection (c) of this section sold for unpaid taxes shall within
1-56 six months from the date of filing for record of the Purchaser's
1-57 Deed have the right to redeem the property upon the payment of the
1-58 amount of money paid for the property, including the Tax Deed
1-59 Recording Fee and all taxes, penalties, interest, and costs paid
1-60 plus an amount not exceeding 25 percent of the aggregate total.
1-61 SECTION 2. The following temporary provision is added to the
1-62 Texas Constitution:
1-63 TEMPORARY PROVISION. (a) This temporary provision applies
1-64 to the constitutional amendment proposed by ___J.R. No.____, 73rd
1-65 Legislature, Regular Session, 1993, and expires January 1, 1997.
1-66 (b) The amendment to Article VIII, Section 13, of this
1-67 constitution takes effect January 1, 1994.
1-68 (c) The amendment applies to redemption of real property
2-1 sold at a tax sale for which the purchaser's deed is filed for
2-2 record on or after the effective date of this amendment.
2-3 Redemption of real property sold at a tax sale for which the
2-4 purchaser's deed is filed for record before the effective date of
2-5 this amendment is covered by the former law, and the former law is
2-6 continued in effect for this purpose.
2-7 SECTION 3. This proposed constitutional amendment shall be
2-8 submitted to the voters at an election to be held November 2, 1993.
2-9 The ballot shall be printed to provide for voting for or against
2-10 the proposition: "The constitutional amendment to modify the
2-11 provisions for the redemption of real property sold at a tax sale."
2-12 * * * * *
2-13 Austin,
2-14 Texas
2-15 March 9, 1993
2-16 Hon. Bob Bullock
2-17 President of the Senate
2-18 Sir:
2-19 We, your Committee on Jurisprudence to which was referred S.J.R.
2-20 No. 19, have had the same under consideration, and I am instructed
2-21 to report it back to the Senate with the recommendation that it do
2-22 pass and be printed.
2-23 Henderson,
2-24 Chairman
2-25 * * * * *
2-26 WITNESSES
2-27 FOR AGAINST ON
2-28 ___________________________________________________________________
2-29 Name: Janis Evarhart x
2-30 Representing: City of Dallas
2-31 City: Dallas
2-32 -------------------------------------------------------------------
2-33 Name: Larry Casto x
2-34 Representing: City of Dallas
2-35 City: Dallas
2-36 -------------------------------------------------------------------
2-37 Name: Susan Horton x
2-38 Representing: Tx Municipal League
2-39 City: Austin
2-40 -------------------------------------------------------------------
2-41 Name: Jim Box x
2-42 Representing: Mischer Corp-GHBA
2-43 City: Houston
2-44 -------------------------------------------------------------------
2-45 Name: Natasha Harmon x
2-46 Representing: Tx Community Development Asso
2-47 City: Austin
2-48 -------------------------------------------------------------------
2-49 Name: Karla Taylor x
2-50 Representing: Houston
2-51 City: City of Houston
2-52 -------------------------------------------------------------------
2-53 Name: Joan Douglas x
2-54 Representing: City of Houston
2-55 City: Houston
2-56 -------------------------------------------------------------------