By Harris H.J.R. No. 106
74R7865 SMH-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to require a taxing unit that
1-2 seeks to collect delinquent ad valorem taxes to elect between
1-3 enforcing the lien securing payment of the taxes and enforcing
1-4 personal liability for the taxes.
1-5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 15, Article VIII, Texas Constitution, is
1-7 amended to read as follows:
1-8 Sec. 15. The annual assessment made upon landed property
1-9 shall be a special lien thereon; and all property, both real and
1-10 personal, belonging to any delinquent taxpayer shall be liable to
1-11 seizure and sale for the payment of all the taxes and penalties due
1-12 by such delinquent; and such property may be sold for the payment
1-13 of the taxes and penalties due by such delinquent, under such
1-14 regulations as the Legislature may provide. A taxing unit may
1-15 enforce the lien securing payment of taxes and penalties or may
1-16 enforce the taxpayer's personal liability for taxes and penalties
1-17 but is not entitled to both remedies. If the property is sold at a
1-18 tax sale, the taxpayer's liability for the taxes and penalties owed
1-19 the taxing units that are parties to the judgment of foreclosure is
1-20 extinguished regardless of whether the sale proceeds are sufficient
1-21 to satisfy the judgment.
1-22 SECTION 2. This proposed constitutional amendment shall be
1-23 submitted to the voters at an election to be held November 7, 1995.
1-24 The ballot shall be printed to permit voting for or against the
2-1 proposition: "The constitutional amendment to require a taxing
2-2 unit that seeks to collect delinquent ad valorem taxes to elect
2-3 between enforcing the lien securing payment of the taxes and
2-4 enforcing personal liability for the taxes."