74R11713 CLG-F
By Danburg H.B. No. 1125
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the forced sale of a co-owner's interest in certain
1-3 real property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 4, Property Code, is amended by adding
1-6 Chapter 29 to read as follows:
1-7 CHAPTER 29. FORCED SALE OF OWNER'S INTEREST IN CERTAIN REAL
1-8 PROPERTY AS REIMBURSEMENT FOR PROPERTY TAXES PAID BY CO-OWNER ON
1-9 OWNER'S BEHALF
1-10 Sec. 29.001. APPLICATION OF CHAPTER. This chapter applies
1-11 only to real property that is:
1-12 (1) received by a person as a result of the death of
1-13 another person:
1-14 (A) by inheritance;
1-15 (B) under a will;
1-16 (C) by a joint tenancy with a right of
1-17 survivorship; or
1-18 (D) by any other survivorship agreement in which
1-19 the interest of the decedent passes to a surviving beneficiary
1-20 other than an agreement between spouses for community property with
1-21 a right of survivorship; and
1-22 (2) not exempt from forced sale under the constitution
1-23 or law of this state.
1-24 Sec. 29.002. PETITION FOR FORCED SALE. (a) A person who
2-1 owns an undivided interest in real property to which this chapter
2-2 applies may file in the district court in a county in which the
2-3 property is located a petition for a court order to require another
2-4 owner of an undivided interest in that property to sell the other
2-5 owner's interest in the property to the person if:
2-6 (1) the person has paid the other owner's share of ad
2-7 valorem taxes imposed on the property for any three years in a
2-8 five-year period; and
2-9 (2) the other owner has not reimbursed the person for
2-10 more than half of the total amount paid by the person for the taxes
2-11 on the owner's behalf.
2-12 (b) The petition must contain:
2-13 (1) a description of the property;
2-14 (2) the name of each owner of the property;
2-15 (3) the interest held by each owner of the property;
2-16 (4) the total amount paid by the petitioner for the
2-17 defendant's share of ad valorem taxes imposed on the property; and
2-18 (5) if applicable, the amount paid by the defendant to
2-19 the petitioner to reimburse the petitioner for paying the
2-20 defendant's share of ad valorem taxes imposed on the property.
2-21 Sec. 29.003. HEARING ON PETITION FOR FORCED SALE. At a
2-22 hearing on a petition filed under Section 29.002, the petitioner
2-23 must prove by clear and convincing evidence that:
2-24 (1) the petitioner has paid the defendant's share of
2-25 ad valorem taxes imposed on the property that is the subject of the
2-26 petition for any three years in a five-year period;
2-27 (2) before the date on which the petition was filed
3-1 the petitioner made a demand that the defendant reimburse the
3-2 petitioner for the amount of the defendant's share of ad valorem
3-3 taxes imposed on the property paid by the petitioner; and
3-4 (3) the defendant has not reimbursed the petitioner
3-5 more than half of the amount of money the petitioner paid on the
3-6 defendant's behalf for the defendant's share of ad valorem taxes
3-7 imposed on the property.
3-8 Sec. 29.004. COURT-ORDERED SALE. On completion of the
3-9 hearing on a petition filed under Section 29.002, if the court is
3-10 satisfied that the petitioner has made the requisite proof under
3-11 Section 29.003, the court shall enter an order that divests the
3-12 defendant's interest in the real property that is the subject of
3-13 the petition and that orders the petitioner to pay to the defendant
3-14 an amount computed by subtracting the outstanding amount of money
3-15 the defendant owes to the petitioner for payment of the defendant's
3-16 share of ad valorem taxes imposed on the property from the fair
3-17 market value of the defendant's interest in the property as
3-18 determined by an independent appraiser appointed by the court. The
3-19 court's order may also direct the defendant to execute and deliver
3-20 to the petitioner a deed that conveys to the petitioner the
3-21 defendant's interest in the property.
3-22 SECTION 2. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended,
3-27 and that this Act take effect and be in force from and after its
4-1 passage, and it is so enacted.