1-1  By:  Craddick (Senate Sponsor - Sibley)               H.B. No. 2625
    1-2        (In the Senate - Received from the House May 1, 1995;
    1-3  May 2, 1995, read first time and referred to Committee on Finance;
    1-4  May 17, 1995, reported favorably, as amended, by the following
    1-5  vote:  Yeas 12, Nays 0; May 17, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                               By:  Sibley
    1-7  Amend H.B. 2625 as follows:
    1-8        Delete subsection (h), Section 31.061, Tax Code.
    1-9                         A BILL TO BE ENTITLED
   1-10                                AN ACT
   1-11  relating to actions for the collection of ad valorem taxes and
   1-12  transfers of property in the course of collecting ad valorem taxes.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Section 31.061, Tax Code, is amended to read as
   1-15  follows:
   1-16        Sec. 31.061.  Payment of Taxes Assessed Against Real Property
   1-17  by Conveyance to Taxing Unit of Property.  (a)  An owner of real
   1-18  property may, subject to the approval of the governing body of all
   1-19  of the taxing units, by deed convey the property to the taxing unit
   1-20  that is owed the largest amount of the taxes, penalties, and
   1-21  interest assessed against the property in payment of the taxes,
   1-22  including delinquent taxes, penalties, and interest assessed
   1-23  against the property by each taxing unit.  The taxing unit
   1-24  acquiring the property holds title to the property on behalf of
   1-25  each taxing unit.  The lien of each taxing unit on the property
   1-26  conveyed is extinguished at the time of the conveyance.  The taxing
   1-27  unit acquiring the property may, subject to the approval of the
   1-28  governing body of another taxing unit, by deed convey the property
   1-29  to that taxing unit.  The taxing unit acquiring the property holds
   1-30  title to the property on behalf of each taxing unit.
   1-31        (b)  A taxing unit may sell property acquired under this
   1-32  section in any manner authorized by Section 34.05.
   1-33        (c)  If a taxing unit acquiring property under this section
   1-34  sells the property within six months after the date the owner
   1-35  conveys the property, the taxing unit shall pay to each taxing unit
   1-36  its proportionate share of the sale proceeds according to each
   1-37  taxing unit's share of the total amount of the taxes, penalties,
   1-38  and interest owed at the time of the acquisition.
   1-39        (d) <(c)>  A taxing unit that does not sell property acquired
   1-40  under this section within six months after the date the owner
   1-41  conveys the property shall pay to each taxing unit its
   1-42  proportionate share, as determined under Subsection (c) <(b)>, of
   1-43  the appraised market value of the property as shown on the most
   1-44  recent tax roll, less the value of all encumbrances burdening the
   1-45  property.  On making the payment provided by this subsection, the
   1-46  taxing unit owns the property outright and not on behalf of each
   1-47  taxing unit.  The period during which a taxing unit may hold title
   1-48  to the property on behalf of each taxing unit may be extended
   1-49  subject to the approval of the governing body of each taxing unit.
   1-50        (e) <(d)>  The collector shall credit against the taxes,
   1-51  penalties, and interest owed each taxing unit:
   1-52              (1)  the taxing unit's share, as determined under
   1-53  Subsection (c) <(b)>, of the sale price if the property is sold
   1-54  within six months after the date the owner conveys the property; or
   1-55              (2)  the taxing unit's share, as determined under
   1-56  Subsection (c) <(b)>, of the appraised market value of the property
   1-57  as shown on the most recent tax roll, less the value of all
   1-58  encumbrances burdening the property, if the property is not sold
   1-59  within six months after the date the owner conveys the property.
   1-60        (f) <(e)>  The owner remains personally liable to each taxing
   1-61  unit to the extent the amount of the taxes, penalties, and interest
   1-62  owed each taxing unit exceeds the amount credited under Subsection
   1-63  (e) <(d)>.  The owner is entitled to a refund from each taxing unit
   1-64  to the extent the amount credited under Subsection (e) <(d)>
   1-65  exceeds the amount of the taxes, penalties, and interest owed the
   1-66  taxing unit.
   1-67        (g) <(f)>  A conveyance of property to a taxing unit under
   1-68  this section is voidable by the taxing unit at any time that the
    2-1  taxing unit owns the property and determines that the condition of
    2-2  the property on the date the owner conveyed it was or may have been
    2-3  in violation of a federal or state law, regulation, rule, or order.
    2-4  If the taxing unit voids the conveyance:
    2-5              (1)  the taxing unit shall execute a quitclaim deed of
    2-6  the property to the owner, file the deed in the county records, and
    2-7  give notice of the deed and its filing to the owner;
    2-8              (2)  the collector shall remove the credit against the
    2-9  taxes, penalties, and interest owed each taxing unit made under
   2-10  this section;
   2-11              (3)  a taxing unit that does not acquire the property
   2-12  shall refund the payment made to it by the taxing unit that
   2-13  acquires the property and reinstate the taxes, penalties, and
   2-14  interest owed the taxing unit; and
   2-15              (4)  the lien of each taxing unit is reinstated as of
   2-16  the date it originally attached.
   2-17        (h) <(g)>  This section applies only to property in a county
   2-18  having a population of 300,000 <50,000> or less, according to the
   2-19  most recent federal decennial census.
   2-20        SECTION 2.  Section 33.51, Tax Code, is amended to read as
   2-21  follows:
   2-22        Sec. 33.51.  WRIT OF POSSESSION.  If the court orders the
   2-23  foreclosure of a tax lien and the sale of real property, the
   2-24  judgment shall provide for the issuance by the clerk of said court
   2-25  of a writ of possession to the purchaser at the sale or to the
   2-26  purchaser's <his> assigns no sooner than 20 days following the date
   2-27  on which the purchaser's deed from the sheriff or constable is
   2-28  filed of record <within 20 days after the period of redemption
   2-29  expires>.
   2-30        SECTION 3.  Section 33.52(a), Tax Code, is amended to read as
   2-31  follows:
   2-32        (a)  If the court orders the foreclosure of a tax lien and
   2-33  the sale of real property, the judgment shall, upon motion of the
   2-34  taxing unit, order that the taxing unit recover from the proceeds
   2-35  of the sale the amount of tax on the property for the current tax
   2-36  year prorated to the day of judgment.  An election by a taxing unit
   2-37  not to include the taxes for a current year in a judgment shall not
   2-38  affect the tax lien on the property for the current year taxes or
   2-39  the power of the taxing unit to collect the current year taxes
   2-40  after they become delinquent.
   2-41        SECTION 4.  Section 34.05(a), Tax Code, is amended to read as
   2-42  follows:
   2-43        (a)  If property is sold to a taxing unit that is a party to
   2-44  the judgment, the taxing unit may sell the property at any time by
   2-45  private or public sale<,> subject to any right of redemption that
   2-46  may remain with the former owner.  In selling the property, the
   2-47  taxing unit may but is not required to use the procedures provided
   2-48  by Section 272.001, Local Government Code.  The redemption period
   2-49  on property that is sold to a taxing unit begins on the date on
   2-50  which the deed to the taxing unit is filed for record <existing at
   2-51  the time of the sale>.
   2-52        SECTION 5.  (a)  This Act takes effect September 1, 1995.
   2-53        (b)  Section 3 of this Act applies to all actions in which a
   2-54  final judgment is entered on or after September 1, 1995.
   2-55        (c)  Section 2 of this Act applies to property sold at any
   2-56  time whether before or after September 1, 1995.
   2-57        (d)  Section 4 of this Act applies to property sold to a
   2-58  taxing unit at any time whether before or after September 1, 1995.
   2-59        SECTION 6.  The importance of this legislation and the
   2-60  crowded condition of the calendars in both houses create an
   2-61  emergency and an imperative public necessity that the
   2-62  constitutional rule requiring bills to be read on three several
   2-63  days in each house be suspended, and this rule is hereby suspended.
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