CS H.B. 2622 75(R)BILL ANALYSIS


WAYS & MEANS
H.B. 2622
By: Heflin
4-28-97
Committee Report (Unamended)



BACKGROUND 

Section 33.43, Tax Code, governs petitions for foreclosure of tax liens by
a taxing unit. Although penalties, interest and delinquent taxes are
recoverable, taxing units are not authorized to collect interest, taxes
and penalties in the time period between the judgement in favor of the
taxing unit and the time the property is sold. 

PURPOSE

The bill allows a taxing unit to be paid post-judgement taxes, penalties,
and interest upon selling the property. 

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 33.43(a), Tax Code (Petition), to require a
taxing unit filing a delinquency petition to state that the taxing unit
would be entitled  to recover current and future year taxes and interest
until the property is sold.  Renumbers subsections accordingly. 

SECTION  2.Amends Section 33.52, Tax Code (Judgement for Current Taxes)
by adding the words "AND POSTJUDGMENT TAXES, PENALTIES, AND INTEREST" to
the title; allows post judgement taxes, penalties, and interest to be
recovered by the taxing unit on foreclosure of a tax lien and sale of real
property. 

SECTION  3.Makes the change in law made by this act applicable only on tax
suits filed on or after the effective date of this Act.  Current law
continues for tax suits filed before that date. 

SECTION  4.Effective date of September 1, 1997.
 
SECTION  5.Emergency clause.