SWB C.S.H.B. 2587 75(R)BILL ANALYSIS


WAYS & MEANS
C.S.H.B. 2587
By: Horn
4-22-97
Committee Report (Substituted)


BACKGROUND 

Periodically, provisions of the Tax Code become outdated, develop
conflicts because of changes in other laws, or simply fail to function
efficiently; therefore, minor changes are needed in the property tax laws
to insure an efficient system which serves the public as well as possible. 

PURPOSE

This bill makes changes in the Property Tax Code to, among other things,
expedite the sale of tax foreclosed property, make more efficient the
judicial process of foreclosing for delinquent taxes, and simplify the
calculation of post-judgement interest on delinquent taxes. 

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.Section 31.061(b), Tax Code (Payment of Taxes Assessed Against
Real Property by Conveyance to Taxing Unit of Property), is amended to
allow property deeded to a taxing unit in lieu of delinquent taxes to be
sold by any means currently authorized for the sale of delinquent tax
foreclosed property. 

SECTION 2. Section 33.41, Tax Code (Suit to Collect Delinquent Tax), is
amended by adding Subsection (d): 

(d) Specifies that a suit brought against the personal representative or
guardian of an estate is not required to be filed in the court of which
the probate or guardianship proceeding is pending.  Provides that the suit
may be filed in a court in the county in which the property has taxable
situs.  Specifies that the provisions of the Texas Probate Code requiring
that a claim be presented to the court in which the proceeding is pending
as a prerequisite for judgement do not apply to a claim by a taxing unit
for delinquent taxes. 

SECTION 3. Section 33.51, Tax Code (Writ of Possession), is amended to
allow a person who buys property at a tax sale to obtain a writ of
possession within twenty days after recording the deed. 

SECTION 4. Section 33.52, Tax Code (Judgement for Current Taxes), is
amended to require a motion from the taxing unit to recover the current
year's taxes (or if the taxes haven't been determined, then the amount of
taxes based upon the  preceding year) from the proceeds of a sale of real
property to satisfy a tax lien. 

(c) Establishes that if the taxes for the current year are not included in
the judgement, the tax sale does not effect: 1) the lien securing the
taxes for the current year; 2) the personal liability of the owner of the
property for the taxes for the current year. 

 SECTION 5. Amends Subchapter C, Chapter 33, Tax Code (Delinquent Tax
Suits), by adding Section 33.55, EFFECT OF JUDGEMENT ON ACCRUAL OF
PENALTIES AND INTEREST, providing that a judgement for delinquent taxes
does not affect the accrual after the date of the judgement of penalties
and interest under this chapter on taxes included in the judgement. 

SECTION 6. Section 34.05(a), Tax Code (Resale by Taxing Unit), is amended
to clarify existing law so that property taken into trust by a taxing unit
pursuant to a tax foreclosure may be sold by public or private sale.
Provides that the sale is subject to any right of redemption of the former
owner and the redemption period begins on the date the deed to the taxing
unit is filed for record. 

SECTION 7.Section 34.21(e), Tax Code (Right of Redemption), is amended to
define "agricultural use," "costs," "purchaser," and "residence
homestead." 

SECTION 8. Amends Section 4, Article 1.05, Title 79, Revised Statutes to
state that this article does not apply to a judgement in favor of a taxing
unit in a delinquent tax suit under Subchapter C, Chapter 33, Tax Code
(Delinquent Tax Suits), or a judgement that earns interest under Title 2,
Tax Code (State Taxation). 

SECTION 9.Sections 31.061(g), 34.05(g) and 34.21(f) are repealed in order
to remove:  
1) the population cap for jurisdictions receiving a deed to property in
lieu of taxes; 2) the population floor regarding exemption from bidding
requirements for resale of delinquent tax foreclosed property; and  
3) the definition of "agricultural use" which is moved to 34.21(e) as
provided by Section 8 of this Act. 

SECTION 10.Establishes that the changes in calculations of interest in
Sections 5 and 9 of this Act apply only to the accrual of interest on or
after the effective date of this Act. 

SECTION 11. Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

Section 2 of C.S.H.B. 2587 adds locations that a suit to collect
delinquent taxes may be filed, and specifies that portions of the probate
code do not apply to a suit by a taxing unit for delinquent taxes. 

Section 4 of C.S.H.B. 2587 specifies that if taxes for the current year
are not included in the judgement, tax sales do 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. 

Section 5 of C.S.H.B. 2587 changes the language relating to the interest
and penalties on delinquent taxes, and the accrual date.   

Section 6 of C.S.H.B. 2587 is amended to clarify what procedure may be
used to sell property and specifies right of redemption procedures.