SRC-JRN H.B. 2587 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2587
By: Horn (Sibley)
Intergovernmental Relations
5-12-97
Engrossed


DIGEST 

Currently, the Tax Code regulates the sale of tax foreclosed property.
However, provisions of the Tax Code periodically become outdated, develop
conflicts because of changes in other laws, or fail to function.  This
bill changes Tax Code to expedite the sale of tax foreclosed property, to
make more efficient use of the judicial process of foreclosing for
delinquent taxes, and to simplify the calculation of post-judgment
interest on delinquent taxes. 

PURPOSE

As proposed, H.B. 2587 amends the Tax Code to expedite the sale of tax
foreclosed property, to make more efficient use of the judicial process of
foreclosing for delinquent taxes, and to simplify the calculation of
post-judgment interest on delinquent taxes. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 31.061(b), Tax Code, to authorize a taxing unit
acquiring a property under this section to sell the property.  Authorizes
the sale to be conducted in a manner provided by Section 34.05.  Requires
the taxing unit to pay certain proceeds, if the taxing unit sell the
property within six months after the date the owner conveys the property. 

SECTION 2. Amends Section 33.51, Tax Code, to require the judgment of a
court to provide for the issuance by the clerk of the court of a writ of
possession to the purchaser at the sale or to the purchaser's assigns
within 20 days after the date on which the purchaser's deed from the
officer making the sale is filed of record, rather than after the period
of redemption expires. 

SECTION 3. Amends Section 33.52, Tax Code, to require the judgment, on the
motion of the taxing unit, to order that the taxing unit recover from the
proceeds of the sale the amount of tax on the property for the current
year, rather than prorated to the day of judgment, if the court orders the
foreclosure of a tax lien and the sale of real property.  Provides that
the tax sale does not affect the lien securing the taxes for the current
year or the personal liability of the owner of the property for the taxes
for the current year, if taxes for the current year are not included in
the judgment. 

SECTION 4. Amends Chapter 33C, Tax Code, by adding Section 33.55, as
follows: 

Sec. 33.55. EFFECT OF JUDGMENT ON ACCRUAL OF PENALTIES AND INTEREST.
Provides that a judgment for delinquent taxes does not affect the accrual
after the date of the judgment of penalties and interest under this
chapter on the taxes included in the judgment.   

SECTION 5. Amends Section 34.05(a), Tax Code, to authorize the taxing unit
to sell the property at any time by public or private sale.  Provides that
the taxing unit is authorized to,  but not required to, use the procedures
provided by Section 263.001, Local Government Code, or Section 272.001,
Local Government Code, in selling property.  Provides that the sale is
subject to any right of redemption of the former owner.  Provides that the
redemption period begins on the date the deed  to the taxing unit is filed
for record.  Deletes a provision authorizing the taxing unit to sell
property at any time subject to any right of redemption existing at the
time of the sale. 

SECTION 6. Amends Section 34.21(e), Tax Code, to define "agricultural
use," "costs," and "purchaser."  Makes a nonsubstantive change. 

SECTION 7. Amends Section 4, Article 5069-1.05, V.T.C.S., to provide that
this article does not apply to certain judgments, including judgments in
favor of a taxing unit in a delinquent tax suit under Chapter 33C, Tax
Code. 

SECTION 8. Repealers:  Sections 31.061(g), 34.05(g), and 34.21(f), Tax
Code (Payment of Taxes Assessed Against Real Property by Conveyance to
Taxing Unit of Property; Resale by Taxing Unit; Right of Redemption). 

SECTION 9. Makes application of this Act prospective.

SECTION 10. Emergency clause.
  Effective date: upon passage.