SWB C.S.H.B. 1610 75(R)BILL ANALYSIS


WAYS & MEANS
C.S.H.B. 1610
By: Turner, Bob
4-22-97
Committee Report (Substituted)



BACKGROUND 

Section 33.53, Tax Code (Order of Sale), provides that the court shall
order the sale of property to satisfy the amount of judgement in a suit
for foreclosure of a tax lien.  Currently, if the property owner pays the
tax judgment prior to the sale of the property, there are no requirements
for the taxing unit to file or record a release of lien in the deed
records of the county. 

PURPOSE

The bill allows property owners to receive and have recorded in the deed
records a release of tax lien on their property, if the owner pays the
amount of the judgment before the property is sold.  

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.Amends Section 33.53, Tax Code (Order of Sale), by adding to the
title the words "PAYMENT BEFORE SALE," and by adding Subsection (b). 

(b) Provides that when a property owner pays the amount of a tax judgment
before the property is sold, the taxing unit shall release the tax lien
held by the taxing unit on the property and file the release with the
clerk of the county in which the property is located. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.
 


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1610 differs from H.B. 1610 by changing the language regarding a
release of tax lien: 

C.S.H.B. 1610 states that "...release the tax lien held by the taxing unit
on the property...". 
H.B. 1610 stated that "...release the tax lien on the property in favor of
the taxing unit..."