JH H.B. 110 75(R)BILL ANALYSIS


URBAN AFFAIRS
H.B. 110
By: Giddings
3-13-97
Committee Report (Substituted)



BACKGROUND 

Chapter 34 of the Tax Code is entitled Tax Sales and Redemption.  It
contains the provisions regarding the sale of property pursuant to the
foreclosure of a tax lien and the distribution of the proceeds.  It also
contains the provision authorizing the resale by property sold to a taxing
unit.   

Chapter 101 of the Civil Practice and Remedies Code contains the Texas
Tort Claims Act authorizing suits against local governments. 

PURPOSE

This bill would allow an alternative sale of foreclosed property by all
cities to nonprofit housing organizations.  It would relieve cities of
certain liabilities for property acquired by a lien foreclosure, would
permit the resale of property by a taxing unit without auction or bid,
would permit recovery by a taxing unit of maintenance expenses, including
environmental concerns.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

Section 1.  Deletes population requirement of 1.5 million population from
existing law, Tax Code Section 34.015 to permit resale of a tax lien and
property to nonprofit housing entities, replacing existing provision
permitting resale to charitable organizations.  Requires redemption by
delinquent taxpayer within four months rather than two years. 

Section 2.  Amends Section 101.064 of the Civil Practice and Remedies Code
to delete population requirement of 1.5 million and makes Tort Claims Act
inapplicable to claims arising out of the condition of land prior to sixty
days after acquired by a city through foreclosure. 

Section 3.  Deletes population requirement of 1.5 million from Tax Code
Section 34.05(g), which makes inapplicable Local Government Code chapters
263 & 272, which generally require the sale of property by local
governments through auction or bids. 

Section 4.  Amends Tax Code Section 34.05 to add a provision entitling a
taxing unit to recover maintenance and environmental expenses. 

Section 5.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute adds the provision regarding the sale to nonprofit housing
entities, the reduction of the redemption period, the inapplicability of
the Tort Claims Act, the inapplicability of Local Government Code chapters
263 & 272, and the recovery of maintenance/environmental expenses.