By Holzheauser                                        H.B. No. 2881
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to penalties and interest, writs, suits, judgment amounts,
    1-3  right of redemption and distribution of proceeds in ad valorem tax
    1-4  matters.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 33.01(c), Tax Code, is amended to read as
    1-7  follows:
    1-8        (c)  A delinquent tax accrues interest at a rate of one
    1-9  percent for each month or portion of a month the tax remains
   1-10  unpaid. Interest payable under this section is to compensate the
   1-11  taxing unit for revenue lost because of the delinquency.  A
   1-12  delinquent tax continues to accrue interest under this subsection
   1-13  as long as the tax remains unpaid, regardless of whether a judgment
   1-14  for the delinquent tax has been rendered.
   1-15        SECTION 2.  Section 4, Article 1.05, Title 79, Revised
   1-16  Statutes (Article 5069-1.05, Vernon's Texas Civil Statutes), is
   1-17  amended to read as follows:
   1-18        Sec. 4.  This article does not apply to a judgment:
   1-19              (1)  in favor of a taxing unit in a suit to collect a
   1-20  delinquent tax under Subchapter C, Chapter 33, Tax Code; or
   1-21              (2)  that earns interest that is set by Title 2, Tax
   1-22  Code.
   1-23        SECTION 3.  Section 33.02(b), Tax Code is amended to read as
    2-1  follows:
    2-2        (b)  Interest and penalty accrues as provided by Section
    2-3  33.01 of this code on the unpaid balance during the period of the
    2-4  agreement.
    2-5        SECTION 4.  Section 33.41, Tax Code, is amended to read as
    2-6  follows:
    2-7        (d)  A suit brought under Subsection (a) against the personal
    2-8  representative of an estate who is acting under the control and
    2-9  supervision of a probate court need not be filed in that probate
   2-10  court, but may instead be brought in a court of competent
   2-11  jurisdiction of the county in which the tax was imposed.  All
   2-12  provisions relative to the presentment of a claim against an estate
   2-13  as a prerequisite for judgment shall not be so construed as to
   2-14  apply to any claim for delinquent taxes owing to a taxing unit.
   2-15        SECTION 5.  Section 33.51, Tax Code, is amended to read as
   2-16  follows:
   2-17        If the court orders the foreclosure of a tax lien and the
   2-18  sale of real property, the judgment shall provide for the issuance
   2-19  by the clerk of said court of a writ of possession to the purchaser
   2-20  at the sale or to the purchaser's <his> assigns <within 20 days
   2-21  after the period of redemption expires> no sooner than 20 days
   2-22  following the date on which the purchaser's deed from the sheriff
   2-23  or constable is filed of record.
   2-24        SECTION 6.  Section 33.52, Tax Code, is amended to read as
   2-25  follows:
    3-1        (a)  If the court orders the foreclosure of a tax lien and
    3-2  the sale of real property, the judgment shall, on motion of the
    3-3  taxing unit, order that the taxing unit recover from the proceeds
    3-4  of the sale the amount of tax on the property for the current tax
    3-5  year <prorated to the date of the judgment>.
    3-6        (b)  If the amount of tax for the current tax year has not
    3-7  been determined on the date of judgment, the court shall, on motion
    3-8  of the taxing unit, order recovery of the amount of tax imposed on
    3-9  the property for the preceding tax year<, prorated to the date of
   3-10  judgment>.
   3-11        (c)  If the judgment does not provide for recovery of taxes
   3-12  imposed for the current tax year, or for recovery of estimated
   3-13  taxes that cannot then be calculated for the current year, the real
   3-14  property is subject to the taxes for the current tax year and to
   3-15  the lien that secures those taxes, and any subsequent purchaser
   3-16  takes the property subject to those taxes and the tax lien.
   3-17        SECTION 7.  Section 34.05(a), Tax Code, is amended to read as
   3-18  follows:
   3-19        (a)  If property is sold to a taxing unit that is a party to
   3-20  the judgment, the taxing unit may sell the property at any time,
   3-21  subject to any right of redemption existing at the time of the
   3-22  sale.  In selling the property, the taxing unit may but is not
   3-23  required to use the procedures provided by Section 272.001, Local
   3-24  Government Code.
   3-25        SECTION 8.  Section 34.21, Tax Code, is amended to read as
    4-1  follows:
    4-2        (a)  The owner of real property sold at a tax sale to a
    4-3  purchaser other than a taxing unit and that was the residence
    4-4  homestead of the owner or that was land designated for agricultural
    4-5  use when the suit to collect the tax was filed may redeem the
    4-6  property within two years after the date on which the purchaser's
    4-7  deed is filed for record by paying the purchaser the amount the
    4-8  purchaser bid for the property, the amount of the deed recording
    4-9  fee, and the amount paid by the purchaser as taxes, penalties,
   4-10  interest, and costs on the property, plus a redemption premium of
   4-11  25 percent of the aggregate total if the property is redeemed
   4-12  during the first year of the redemption period or 50 percent of the
   4-13  aggregate total if the property is redeemed during the second year
   4-14  of the redemption period.
   4-15        (b)  If property that was the owner's residence homestead or
   4-16  was land designated for agricultural use when the suit to collect
   4-17  the tax was filed is bid off to a taxing unit under Section
   4-18  34.01(c) and has not been resold by the taxing unit, the owner
   4-19  having a right of redemption may redeem the property within two
   4-20  years after the date on which the deed of the taxing unit is filed
   4-21  for record by paying the taxing unit the amount of the judgment
   4-22  against the property or the market value of the property as
   4-23  specified in that judgment, whichever is less, plus the amount of
   4-24  the fee for filing the taxing unit's deed and the amount expended
   4-25  by the taxing unit as costs on the property.
    5-1        (c)  If real property that was the owner's residence
    5-2  homestead or was land designated for agricultural use when the suit
    5-3  to collect the tax was filed has been resold by the taxing unit
    5-4  under Section 34.05, the owner of the property having a right of
    5-5  redemption may redeem the property within two years after the date
    5-6  on which the taxing unit files for record the deed from the sheriff
    5-7  or constable by paying the person who purchased the property from
    5-8  the taxing unit the amount the purchaser paid for the property, the
    5-9  amount of the fee for filing the purchaser's deed for record, the
   5-10  amount paid by the purchaser as taxes, penalties, interest and
   5-11  costs on the property, plus a redemption premium of 25 percent of
   5-12  the aggregate total if the property is redeemed in the first year
   5-13  of the redemption period or 50 percent of the aggregate total if
   5-14  the property is redeemed in the second year of the redemption
   5-15  period.
   5-16        (d) <(b)>  The owner of real property sold at a tax sale
   5-17  other than property <covered by Subsection (a)> that was the
   5-18  residence homestead of the owner or that was land designated for
   5-19  agricultural use when the suit to collect the tax was filed may
   5-20  redeem the property <within> in the same manner and by paying the
   5-21  same amounts as prescribed by Subsection (a), (b) or (c), as
   5-22  applicable, except that:
   5-23              (1)  the owner's right of redemption expires after six
   5-24  months <after> following the date on which the purchaser's or
   5-25  taxing unit's deed is filed for record <by paying the purchaser the
    6-1  amount the purchaser bid for the property, the amount of the deed
    6-2  recording fee, and the amount paid by the purchaser as taxes,
    6-3  penalties, interest, and costs on the property, plus 25 percent of
    6-4  the aggregate total.>, and
    6-5              (2)  the redemption premium payable by the owner to a
    6-6  purchaser other than a taxing unit shall not exceed 25 percent.
    6-7        (e) <(c)>   If the owner of the real property makes an
    6-8  affidavit that the owner <he> has made diligent search in the
    6-9  county in which the property is located for the purchaser at the
   6-10  tax sale or for the purchaser at resale, and has failed to find
   6-11  that purchaser <him>, that the purchaser <at the sale> is not a
   6-12  resident of the county in which the property is located, that the
   6-13  owner <he> and the purchaser cannot agree on the amount of
   6-14  redemption money due, or that the purchaser refuses to give the
   6-15  owner <him> a quitclaim deed to the property, the owner may redeem
   6-16  the land by paying the required amount as prescribed by this
   6-17  section <Subsection (a) or (b), as applicable,> to the
   6-18  assessor-collector for the county in which the property is located.
   6-19  The assessor-collector receiving the payment shall give the owner a
   6-20  signed receipt witnessed by two persons.  The receipt, when
   6-21  recorded, is notice to all persons that the property described has
   6-22  been redeemed.  The assessor-collector shall on demand pay the
   6-23  money received by the assessor-collector <him> to the purchaser <at
   6-24  the tax sale>.
   6-25        (f) <(d)>  The right of redemption does not grant or reserve
    7-1  in the former owner of the real property the right to the use or
    7-2  possession of the property, or to receive rents, income, or other
    7-3  benefits from the property while the right of redemption exists.
    7-4        (g) <(e)>  In this section, "residence homestead" has the
    7-5  meaning assigned by Section 11.13.
    7-6        (h) <(f)>  In this section, "agricultural use" has the
    7-7  meaning assigned by Section 23.51.
    7-8        (i)  In this section, "costs" is defined to include all those
    7-9  amounts reasonably expended by a purchaser or taxing unit in the
   7-10  maintenance, preservation and safekeeping of the property,
   7-11  including but not limited to:
   7-12                          (i)  insurance against fire, flood and
   7-13  other hazards,
   7-14                          (ii)  repairs and improvements required by
   7-15  local ordinance, building code, or by the terms of any existing
   7-16  lease of the property, whether written or oral,
   7-17                          (iii)  discharge of mowing, cleaning or
   7-18  demolition liens against the property which secure expenses
   7-19  incurred by a municipality,
   7-20                          (iv)  dues, assessments for maintenance, or
   7-21  liens provided by recorded restrictive covenants affecting the
   7-22  property and payable to a property owners' association, and
   7-23                          (v)  standby fees payable to a water
   7-24  district, fresh water supply district, or other municipality as
   7-25  authorized by law.
    8-1        SECTION 9.  Section 34.23, Tax Code, is amended to read as
    8-2  follows:
    8-3        <(a)>  If the owner of property sold for taxes to a taxing
    8-4  unit redeems the property before the property is resold, the taxing
    8-5  unit shall distribute the redemption proceeds in the manner that
    8-6  proceeds of the resale of property are distributed.
    8-7        <(b)  If the owner of property sold for taxes redeems the
    8-8  property from the taxing unit after the property has been resold,
    8-9  the taxing unit shall pay the purchaser at the resale the amount he
   8-10  paid for the property, plus 25 percent of that amount if the
   8-11  redemption occurs within one year after the date the property is
   8-12  resold or 50 percent of that amount if the redemption occurs more
   8-13  than one year after the date the property is resold.  The taxing
   8-14  unit shall distribute the redemption proceeds remaining after
   8-15  payment of the amount due the purchaser at resale to the taxing
   8-16  units adjudged to have tax liens against the property in the
   8-17  proportion the amount of each unit's lien bears to the total amount
   8-18  of all liens established in the foreclosure suit.>
   8-19        SECTION 10.  This Act takes effect January 1, 1996.
   8-20        SECTION 11.  EMERGENCY.  The importance of this legislation
   8-21  and the crowded condition of the calendars in both houses create an
   8-22  emergency and an imperative public necessity that the
   8-23  constitutional rule requiring bills to be read on three several
   8-24  days in each house be suspended, and this rule is hereby suspended.