By:  Henderson                                        S.B. No. 1545
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the seizure and sale for delinquent ad valorem taxes of
    1-2  abandoned real property in a municipality.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 33, Tax Code, is amended by adding
    1-5  Subchapter E to read as follows:
    1-6                SUBCHAPTER E.  SEIZURE OF REAL PROPERTY
    1-7        Sec. 33.91.  PROPERTY SUBJECT TO SEIZURE.  A person's real
    1-8  property is subject to seizure by a municipality for the payment of
    1-9  delinquent ad valorem taxes, penalties, and interest the person
   1-10  owes on the property and the amount secured by a municipal health
   1-11  or safety lien on the property if:
   1-12              (1)  the property:
   1-13                    (A)  is in a municipality;
   1-14                    (B)  is less than one acre; and
   1-15                    (C)  has been abandoned, unused, and vacant for
   1-16  at least one year;
   1-17              (2)  the taxes on the property are delinquent for:
   1-18                    (A)  each of the preceding five years; or
   1-19                    (B)  each of the preceding three years if a lien
   1-20  on the property has been created on the property in favor of the
   1-21  municipality for the cost of remedying a health or safety hazard on
   1-22  the property; and
   1-23              (3)  the tax collector of the municipality determines
   1-24  that seizure of the property under this subchapter for the payment
    2-1  of the delinquent taxes, penalties, and interest, and of a
    2-2  municipal health and safety lien on the property, would be in the
    2-3  best interest of the municipality and the other taxing units.
    2-4        Sec. 33.92.  INSTITUTION OF SEIZURE.  (a)  After property
    2-5  becomes subject to seizure under Section 33.91, the collector for a
    2-6  municipality may apply for a tax warrant to a district court in the
    2-7  county in which the property is located.
    2-8        (b)  The court shall issue the tax warrant if by affidavit
    2-9  the collector shows that the property is subject to seizure under
   2-10  Section 33.91.
   2-11        Sec. 33.93.  TAX WARRANT.  (a)  A tax warrant shall direct
   2-12  the sheriff or a constable in the county and the collector for the
   2-13  municipality to seize the property described in the warrant,
   2-14  subject to the right of redemption, for the payment of the ad
   2-15  valorem taxes, penalties, and interest owing on the property
   2-16  included in the application, the amount secured by a municipal
   2-17  health or safety lien on the property included in the application,
   2-18  and the costs of seizure and sale.  The warrant shall direct the
   2-19  person whose property is seized to disclose to a person executing
   2-20  the warrant the name and address if known of any other person
   2-21  having an interest in the property.
   2-22        (b)  A bond may not be required of a municipality for
   2-23  issuance or delivery of a tax warrant, and a fee or court cost may
   2-24  not be charged for issuance or delivery of the warrant.
   2-25        (c)  On issuance of a tax warrant, the collector shall take
   2-26  possession of the property pending its sale.
   2-27        Sec. 33.94.  NOTICE OF TAX SALE.  (a)  After a seizure of
    3-1  property, the collector for the municipality shall make a
    3-2  reasonable inquiry to determine the identity and address of any
    3-3  person, other than the person against whom  the tax warrant is
    3-4  issued, having an interest in the property.  The collector shall
    3-5  deliver as soon as possible a notice stating the time and place of
    3-6  the sale and briefly describing the property seized to the person
    3-7  against whom the warrant is issued and to any other person the
    3-8  collector determines has an interest in the property if the
    3-9  collector can ascertain the address of the other person.
   3-10        (b)  Failure to send or receive a notice required by this
   3-11  section does not affect the validity of the sale of the seized
   3-12  property or title to the property.
   3-13        Sec. 33.95.  PURCHASER.  A purchaser for value at or
   3-14  subsequent to the tax sale may conclusively presume the validity of
   3-15  the sale and takes free of any claim of a party with a prior
   3-16  interest in the property subject to the provisions of Section
   3-17  16.002(b), Civil Practice and Remedies Code, and subject to
   3-18  applicable rights of redemption.
   3-19        SECTION 2.  Section 34.01, Tax Code, is amended by adding
   3-20  Subsection (e) to read as follows:
   3-21        (e)  Notwithstanding Subsection (c), if  a sufficient bid is
   3-22  not received, the officer making the sale may bid property seized
   3-23  under Subchapter E, Chapter 33, off to a person described by
   3-24  Section 11.181 for less than  the tax warrant amount or the market
   3-25  value of the property.  Consent to the sale by the taxing units
   3-26  entitled to receive proceeds of the sale is not required.
   3-27        SECTION 3.  Section 16.002, Civil Practice and Remedies Code,
    4-1  is amended to read as follows:
    4-2        Sec. 16.002.  One-Year Limitations Period.  (a)  A person
    4-3  must bring suit for malicious prosecution, libel, slander, or
    4-4  breach of promise of marriage not later than one year after the day
    4-5  the cause of action accrues.
    4-6        (b)  A person must bring suit to set aside a sale of property
    4-7  seized under Subchapter E, Chapter 33, Tax Code, not later than one
    4-8  year after the date the property is sold.
    4-9        SECTION 4.  Section 342.007, Health and Safety Code, is
   4-10  amended by adding Subsection (h) to read as follows:
   4-11        (h)  The governing body of a municipality may foreclose a
   4-12  lien on property under this subchapter in a proceeding relating to
   4-13  the property brought under Subchapter E, Chapter 33, Tax Code.
   4-14        SECTION 5.  Subchapter A, Chapter 214, Local Government Code,
   4-15  is amended by adding Section 214.004 to read as follows:
   4-16        Sec. 214.004.  SEIZURE AND SALE OF PROPERTY TO RECOVER
   4-17  EXPENSES.  A Type A general-law municipality or home-rule
   4-18  municipality may foreclose a lien on property under this subchapter
   4-19  in a proceeding relating to the property brought under Subchapter
   4-20  E, Chapter 33, Tax Code.
   4-21        SECTION 6.  Subchapter B, Chapter 214, Local Government Code,
   4-22  is amended by adding Section 214.015 to read as follows:
   4-23        Sec. 214.015.  SEIZURE AND SALE OF PROPERTY TO RECOVER
   4-24  EXPENSES.  A home-rule municipality or Type A general-law
   4-25  municipality may foreclose a lien on property under this subchapter
   4-26  in a proceeding relating to the property brought under Subchapter
   4-27  E, Chapter 33, Tax Code.
    5-1        SECTION 7.  Subchapter C, Chapter 214, Local Government Code,
    5-2  is amended by adding Section 214.102 to read as follows:
    5-3        Sec. 214.102.  SEIZURE AND SALE OF PROPERTY TO RECOVER
    5-4  EXPENSES.  A municipality may foreclose a lien on property under
    5-5  this subchapter in a proceeding relating to the property brought
    5-6  under Subchapter E, Chapter 33, Tax Code.
    5-7        SECTION 8.  The importance of this legislation and the
    5-8  crowded condition of the calendars in both houses create an
    5-9  emergency and an imperative public necessity that the
   5-10  constitutional rule requiring bills to be read on three several
   5-11  days in each house be suspended, and this rule is hereby suspended,
   5-12  and that this Act take effect and be in force from and after its
   5-13  passage, and it is so enacted.