S.B. No. 1387
                                        AN ACT
    1-1  relating to the transfer and enforcement of ad valorem tax liens.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Chapter 32, Tax Code, is amended by amending
    1-4  Section 32.06 and adding Section 32.065 to read as follows:
    1-5        Sec. 32.06.  Transfer of Tax Lien.  (a)  A person may
    1-6  authorize another person to pay the taxes imposed by a taxing unit
    1-7  on the person's <his> real property by filing with the collector
    1-8  for the unit a sworn document stating the authorization, naming the
    1-9  other person authorized to pay the taxes, and describing the
   1-10  property.
   1-11        (b)  If a person authorized to pay another's taxes pursuant
   1-12  to Subsection (a) <of this section> pays the taxes and any
   1-13  penalties and interest imposed, the collector shall issue a tax
   1-14  receipt to the person paying the taxes.  In addition, the collector
   1-15  shall certify on the sworn document that payment of the taxes and
   1-16  any penalties and interest on the described property has been made
   1-17  by a person other than the person liable for the taxes when imposed
   1-18  and that the taxing unit's tax lien is transferred to the person
   1-19  paying the taxes.  The collector shall attach to the document the
   1-20  collector's <his> seal of office and deliver the document to the
   1-21  person paying the taxes.  The collector shall keep a record of all
   1-22  tax liens transferred as provided by this section.
   1-23        (c)  Except as otherwise provided by this section, the
    2-1  transferee of a tax lien and any successor in interest is entitled
    2-2  to foreclose the lien:
    2-3              (1)  in the manner provided by law for foreclosure of
    2-4  tax liens; or
    2-5              (2)  in the manner specified in Section 51.002,
    2-6  Property Code.
    2-7        (d)  To be enforceable, a tax lien transferred as provided by
    2-8  this section must be recorded in the deed records of each county in
    2-9  which the property encumbered by the lien is located.
   2-10        (e)  A person holding a tax lien transferred as provided by
   2-11  this section may not charge a greater rate of interest than 18 <10>
   2-12  percent a year on the taxes, penalties, interest, and recording
   2-13  expenses paid to acquire and record the lien.
   2-14        (f)  The holder of a preexisting lien on property encumbered
   2-15  by a tax lien transferred as provided by this section is entitled,
   2-16  within six months after the date on which the tax lien is recorded
   2-17  in all counties in which the property is located, to pay the holder
   2-18  of the tax lien the amount paid for the lien, plus interest accrued
   2-19  at the rate provided by Subsection (e) and recording expenses, and
   2-20  becomes subrogated to all rights in the lien.
   2-21        (g)  A suit to foreclose a tax lien transferred as provided
   2-22  by this section may not be instituted within one year from the date
   2-23  on which the lien is recorded in all counties in which the property
   2-24  is located, unless the contract between the owner of the property
   2-25  and the transferee provides otherwise.
    3-1        (h)  After one year from the date on which a tax lien
    3-2  transferred as provided by this section is recorded in all counties
    3-3  in which the property is located, the holder of the lien may file
    3-4  suit to foreclose the lien unless a contract between the holder of
    3-5  the lien and the owner of the property encumbered by the lien
    3-6  provides otherwise.  If the suit results in foreclosure of the
    3-7  lien, the person filing suit is entitled to recover attorney's fees
    3-8  in an amount not to exceed 10 percent of the judgment.  The
    3-9  proceeds of a sale following foreclosure as provided by this
   3-10  subsection shall be applied first to the payment of court costs,
   3-11  then to payment of the judgment, including accrued interest, and
   3-12  then to the payment of any attorney's fees fixed in the judgment.
   3-13  Any remaining proceeds shall be paid to other holders of liens on
   3-14  the property in the order of their priority and then to the person
   3-15  whose property was sold at the tax sale.
   3-16        (i)  The person whose property is sold as provided by this
   3-17  section or any person holding a first lien against the property is
   3-18  entitled, within one year after the date the property is sold, to
   3-19  redeem the property from the purchaser at the tax sale by paying
   3-20  that purchaser <him> the tax sale purchase price, plus costs, and
   3-21  interest accrued on the judgment to the date of redemption or 118
   3-22  <110> percent of the amount of the judgment, whichever is less.  If
   3-23  a person redeems the property as provided by this subsection, the
   3-24  purchaser at the tax sale shall deliver a deed to the property to
   3-25  the person redeeming the property.  If the person who owned the
    4-1  property at the time of foreclosure redeems the property, all liens
    4-2  existing on the property at the time of the tax sale remain in
    4-3  effect to the extent not paid from the sale proceeds.
    4-4        Sec. 32.065.  CONTRACT FOR FORECLOSURE OF TAX LIEN.
    4-5  (a)  Section 32.06 <(j)  This section> does not abridge the right
    4-6  of an owner of real property to enter into a contract for the
    4-7  payment of taxes with the holder of a lien on the property,
    4-8  including a transferee under Section 32.06 or this section, or
    4-9  affect a contract between the owner and holder of a lien for the
   4-10  payment of taxes on the property.
   4-11        (b)  A contract entered into under Subsection (a) may provide
   4-12  for:
   4-13              (1)  an event of default; and
   4-14              (2)  notice of acceleration.
   4-15        (c)  Notwithstanding any other provision of this code, a
   4-16  transferee of a tax lien is subrogated to and is entitled to
   4-17  exercise any right or remedy possessed by the transferring taxing
   4-18  unit, including or related to foreclosure or judicial sale.
   4-19        (d)  Chapters 5 and 15 and Sections 1.07(d)(1) and (f), Title
   4-20  79, Revised Statutes (Article 5069-1.01 et seq., Vernon's Texas
   4-21  Civil Statutes), do not apply to a transaction covered by this
   4-22  section.  The transferee of a tax lien under this section is not
   4-23  required to obtain a license under Title 79, Revised Statutes
   4-24  (Article 5069-1.01 et seq., Vernon's Texas Civil Statutes).
   4-25        (e)  If in a contract under this section a person contracts
    5-1  for, charges, or receives a rate or amount of interest that exceeds
    5-2  the rate or amount allowed by this section, the amount of the
    5-3  penalty for which the person is obligated is determined in the
    5-4  manner provided by Chapter 8, Title 79, Revised Statutes (Article
    5-5  5069-8.01 et seq., Vernon's Texas Civil Statutes).
    5-6        (f)  The first written communication by the lender to its
    5-7  prospective borrower shall disclose the types of possible
    5-8  additional charges or fees that may be incurred by the borrower in
    5-9  connection with the loan or contract under this section.
   5-10        SECTION 2.  Section 34.02, Tax Code, is amended by adding
   5-11  Subsection (e) to read as follows:
   5-12        (e)  In this section, "taxes" includes a charge, fee, or
   5-13  expense that is expressly authorized by Section 32.06 or 32.065.
   5-14        SECTION 3.  This Act takes effect September 1, 1995.  The
   5-15  change in law made by this Act applies only to the transfer of a
   5-16  tax lien on or after that date.  The transfer of a tax lien before
   5-17  the effective date of this Act or a tax lien transferred before the
   5-18  effective date is covered by the law in effect when the tax lien
   5-19  was transferred, and the former law is continued in effect for that
   5-20  purpose.
   5-21        SECTION 4.  The importance of this legislation and the
   5-22  crowded condition of the calendars in both houses create an
   5-23  emergency and an imperative public necessity that the
   5-24  constitutional rule requiring bills to be read on three several
   5-25  days in each house be suspended, and this rule is hereby suspended.