1-1  By:  Ellis                                            S.B. No. 1151
    1-2        (In the Senate - Filed March 9, 1995; March 15, 1995, read
    1-3  first time and referred to Committee on Finance; May 9, 1995,
    1-4  reported favorably, as amended, by the following vote:  Yeas 8,
    1-5  Nays 1; May 9, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                                By:  Ellis
    1-7        Amend S.B. No. 1151 in SECTION 1, proposed Section 32.06(b),
    1-8  Tax Code (introduced version page 1, line 14; committee printing
    1-9  page 1, line 48), by inserting the following after the first
   1-10  sentence of that subsection:
   1-11  "A taxing unit may sell and transfer a tax lien on a residence
   1-12  homestead, as defined by Section 11.13 of this code, under this
   1-13  subsection only if all or part of the delinquent tax on that
   1-14  residence homestead has been delinquent for at least three years.".
   1-15  COMMITTEE AMENDMENT NO. 2                                By:  Ellis
   1-16        Amend S.B. No. 1151 in SECTION 1, at the end of proposed
   1-17  Section 32.06(b), Tax Code (introduced version page 2, line 7;
   1-18  committee printing page 2, line 1), by adding a new sentence to
   1-19  read as follows:  "In offering a tax lien for sale and transfer
   1-20  under this subsection, the taxing unit may set a minimum price for
   1-21  the sale and may accept or reject any offer made to purchase the
   1-22  lien.".
   1-23  COMMITTEE AMENDMENT NO. 3                                By:  Ellis
   1-24        Amend S.B. No. 1151 in SECTION 1, at the end of proposed
   1-25  Section 32.06(d), Tax Code (introduced version page 3, line 5;
   1-26  committee printing page 2, line 24), by adding a new sentence to
   1-27  read as follows:  "A taxing unit may provide in its procedure for
   1-28  the sale and transfer of a tax lien under Subsection (b) of this
   1-29  section limitations on the authority of the transferee of the lien
   1-30  to protect a delinquent taxpayer from abusive, deceptive, or unfair
   1-31  debt collection practices and may provide as a sanction for a
   1-32  violation of a limitation the reversion of the transferee's
   1-33  interest in the lien to the taxing unit.".
   1-34                         A BILL TO BE ENTITLED
   1-35                                AN ACT
   1-36  relating to the transfer of tax liens.
   1-37        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-38        SECTION 1.  Section 32.06, Tax Code, is amended to read as
   1-39  follows:
   1-40        Sec. 32.06.  Transfer of Tax Lien.  (a)  A person may
   1-41  authorize another person to pay the taxes imposed by a taxing unit
   1-42  on his real property by filing with the collector for the unit a
   1-43  sworn document stating the authorization, naming the person
   1-44  authorized to pay the taxes, and describing the property.
   1-45        (b)  The governing body of a taxing unit may adopt, in the
   1-46  manner required by law for official action by the body, a procedure
   1-47  to provide for the sale and transfer by the taxing unit of any tax
   1-48  lien existing in its favor which represents a delinquent tax.  The
   1-49  provisions of the procedure shall be those deemed appropriate by
   1-50  the governing body, subject to the provisions of this section.  Tax
   1-51  liens of a taxing unit may be sold and transferred pursuant to this
   1-52  subsection to any person, in any lot or block, and for any purchase
   1-53  price deemed appropriate by the governing body, provided that,
   1-54  prior to any such sale and transfer, the collector for the taxing
   1-55  unit shall cause to be inserted in the legal organ for the taxing
   1-56  unit once a week for two consecutive weeks, the second publication
   1-57  being at least 30 days prior to the sale and transfer, a notice
   1-58  listing the names of all delinquent taxpayers and the related
   1-59  properties subject to such sale and transfer.  The sale and
   1-60  transfer of each tax lien pursuant to this subsection shall be
   1-61  evidenced by a sworn document issued by the taxing unit reciting
   1-62  the full amount of the tax lien, including penalties and interest
   1-63  then accrued, and naming the purchaser of the tax lien, the
   1-64  delinquent taxpayer, and the related property.
   1-65        (c)  If a person authorized to pay another's taxes pursuant
   1-66  to Subsection (a) of this section pays the taxes and any penalties
   1-67  and interest imposed or if a person purchases a tax lien from a
   1-68  taxing unit pursuant to Subsection (b) of this section, the
    2-1  collector for the taxing unit shall issue a tax receipt to the
    2-2  person <paying the taxes>.  In addition, the collector shall
    2-3  certify on the sworn document that payment of the taxes and any
    2-4  penalties and interest on the described property has been made by a
    2-5  person other than the person liable for the tax <taxes when
    2-6  imposed> and that the taxing unit's tax lien is transferred to the
    2-7  person paying the taxes or purchasing the tax lien.  The collector
    2-8  shall attach to the document his seal of office and deliver the
    2-9  document to the person paying the taxes.  The collector shall keep
   2-10  a record of all tax liens transferred as provided by this section.
   2-11        (d) <(c)>  Except as otherwise provided by this section, the
   2-12  transferee of a tax lien and any assignee or successor in interest
   2-13  of such transferee shall be subrogated to and shall have the same
   2-14  rights, powers, liens, and priority of payments as might have been
   2-15  exercised or claimed by the taxing unit before the transfer,
   2-16  including the right to collect the full amount of the delinquent
   2-17  tax together with all penalties, interest, and other amounts
   2-18  provided by law and the right <is entitled> to foreclose the lien
   2-19  in the manner provided by law for foreclosure of tax liens.
   2-20        (e) <(d)>  To be enforceable, a tax lien transferred as
   2-21  provided by this section must be recorded in the deed records of
   2-22  each county in which the property encumbered by the lien is
   2-23  located.
   2-24        (f) <(e)>  A person holding a tax lien transferred as
   2-25  provided by Subsection (a) of this section may not charge a greater
   2-26  rate of interest than 10 percent a year on the taxes, penalties,
   2-27  interest, and recording expenses paid to acquire and record the
   2-28  lien.
   2-29        (g) <(f)>  The holder of a preexisting lien on property
   2-30  encumbered by a tax lien transferred as provided by this section is
   2-31  entitled, within six months after the date on which the tax lien is
   2-32  recorded in all counties in which the property is located, to pay
   2-33  the holder of the tax lien the amount paid for the lien, plus
   2-34  interest accrued and recording expenses, and becomes subrogated to
   2-35  all rights in the lien.
   2-36        (h) <(g)>  A suit to foreclose a tax lien transferred as
   2-37  provided by Subsection (a) of this section may not be instituted
   2-38  within one year from the date on which the lien is recorded in all
   2-39  counties in which the property is located.  A suit to foreclose a
   2-40  tax lien transferred as provided by Subsection (b) of this section
   2-41  may not be instituted within 60 days from the date on which the
   2-42  lien is recorded in all counties in which the property is located.
   2-43        (i)  After the period provided in Subsection (h) of this
   2-44  section has expired <(h)  After one year from the date on which a
   2-45  tax lien transferred as provided by this section is recorded in all
   2-46  counties in which the property is located>, the holder of the lien
   2-47  may file suit to foreclose the lien unless a contract between the
   2-48  holder of the lien and the owner of the property encumbered by the
   2-49  lien provides otherwise.  If a <the> suit results in foreclosure of
   2-50  a tax <the> lien transferred pursuant to Subsection (a) of this
   2-51  section, the person filing suit is entitled to recover attorney's
   2-52  fees in an amount not to exceed 10 percent of the judgment.  The
   2-53  proceeds of a sale following foreclosure as provided by this
   2-54  subsection shall be applied first to the payment of court costs,
   2-55  then to payment of the judgment, including accrued interest, and
   2-56  then to the payment of any attorney's fees fixed in the judgment.
   2-57  Any remaining proceeds shall be paid to other holders of liens on
   2-58  the property in the order of their priority and then to the person
   2-59  whose property was sold at the tax sale.
   2-60        (j) <(i)>  The person whose property is sold as provided by
   2-61  this section or any person holding a first lien against the
   2-62  property is entitled, within one year after the date the property
   2-63  is sold, to redeem the property from the purchaser at the tax sale
   2-64  by paying him the tax sale purchase price, plus costs and interest
   2-65  accrued on the judgment to the date of redemption or 110 percent of
   2-66  the amount of the judgment, whichever is less.  If a person redeems
   2-67  the property as provided by this subsection, the purchaser at the
   2-68  tax sale shall deliver a deed to the property to the person
   2-69  redeeming the property.  If the person who owned the property at
   2-70  the time of foreclosure redeems the property, all liens existing on
    3-1  the property at the time of the tax sale remain in effect to the
    3-2  extent not paid from the sale proceeds.
    3-3        (k) <(j)>  This section does not abridge the right of an
    3-4  owner of real property to enter into a contract for the payment of
    3-5  taxes with the holder of a lien on the property or affect a
    3-6  contract between the owner and holder of a lien for the payment of
    3-7  taxes on the property.
    3-8        SECTION 2.  The importance of this legislation and the
    3-9  crowded condition of the calendars in both houses create an
   3-10  emergency and an imperative public necessity that the
   3-11  constitutional rule requiring bills to be read on three several
   3-12  days in each house be suspended, and this rule is hereby suspended,
   3-13  and that this Act take effect and be in force from and after its
   3-14  passage, and it is so enacted.
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