SRC-MAX C.S.H.B. 3306 75(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 3306
By: Heflin (Wentworth)
State Affairs
5-15-97
Committee Report (Substituted)


DIGEST 

Currently, the Tax Code provides various sections of governance under
which taxpayers, appraisal districts, and taxing units interact within the
property appraisal system.  This bill sets forth provisions regarding the
penalties and interest, writs, suits, judgment amount, right of
redemption, and distributions of proceeds in ad valorem tax matters.   

PURPOSE

As proposed, C.S.H.B. 3306 sets forth provisions regarding the penalties
and interest, writs, suits, judgment amount, right of redemption, and
distributions of proceeds in ad valorem tax matters.   

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 31.01(a), Tax Code, to require the exterior of
the tax bill to show the return address of the taxing unit, rather than
the interior of the envelope in which a tax bill is sent, and to contain
certain information. 

SECTION 2. Amends Section 32.07, Tax Code, by adding Subsections (d)-(g),
as follows: 

(d)  Provides that certain persons are liable to the taxing unit for the
full amount collected under this section plus any accrued penalties and
interest on the amount collected. 

(e)  Sets forth provisions regarding persons liable for certain amounts
regarding ad valorem taxes or other money subject to the provisions of
Subsection (d).   

(f)  Requires venue for suits arising under this section to be governed by
Section 33.41(a). 

(g)  Defines "responsible individual" and "tax."

SECTION 3. Amends Sections 33.01(a) and (c), Tax Code, to provide that a
delinquent tax continues to incur the penalty provided by this subsection
under certain conditions.  Makes a conforming change.  

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

SECTION 5. Amends Section 33.02(b), Tax Code, to provide that interest and
payment accrue as provided by Subsections (a) and (c), rather than
Subsection (c), of Section 33.01 on the unpaid balance during the period
of agreement. 

SECTION 6. Amends Section 33.48(a), Tax Code, to provide that a taxing
unit is entitled to recover certain costs and expenses in a suit to
collect a delinquent tax including reasonable expenses, not subject to
approval by the court, that are incurred by the taxing unit in determining
the name,  identity, and location of  necessary parties and in procuring
necessary legal descriptions of the property on which a delinquent tax is
due and attorney's fees in the amount of 15 percent of the total amount to
taxes, penalties, and interest due the unit.  Makes application of this
Act prospective.   

SECTION 7. Amends Section 33.51, Tax Code, to require the judgment to
provide for the issuance by the clerk of a court, if the court orders the
foreclosure of a tax lien and sale of real property, of a writ of
possession to the purchaser at the sale or the purchaser's assigns no
sooner than 20 days following the date on which the purchaser's deed from
the sheriff or constable is filed of record, rather than within 20 days
after the period of redemption expires.  

SECTION 8. Amends Section 33.52, Tax Code, by amending Subsections (a) and
(b) and adding Subsection (c), to authorize a judgment to include a
foreclosure on any unpaid tax on the property for the current year under
certain conditions.  Deletes a provision requiring the judgment to order
the taxing unit to recover a certain amount that is prorated to the day of
the judgment.  Authorizes, rather than requires, the court to order
recovery of a foreclosure on the amount of tax imposed on the property for
the preceding tax year.  Provides that the real property is subject to the
taxes for the current tax year and to the lien that secures those taxes,
and any subsequent purchaser takes the property subject to those taxes and
the tax lien under certain conditions. 

SECTION 9. Amends Sections 34.05(a) and (g), Tax Code, to require all
resales under this section to be subject to any right of redemption
existing at the time of the sale.  Deletes a provision providing that
Sections 263.001 and 272.001(a), Local Government Code, do not apply to
certain property in a municipality with a population of 1.5 million or
more.  Authorizes the taxing unit to elect to follow the Local Government
Code provisions in reselling such property. 

SECTION 10. Amends Section 34.06(b), Tax Code, to require the purchasing
taxing unit to distribute the remainder of the proceeds to each taxing
unit participating to a certain degree in the sale, rather than distribute
the proceeds as provided by Sections 34.02 of this code for distributions
of proceeds after payment of costs.   

SECTION 11. Amends Section 34.21, Tax Code, to set forth procedures
regarding the redemption of property for owners of real property that was
the owner's residence homestead or was land designated for agricultural
use when the suit to collect the tax was filed or for  property that has
been sold at a tax sale.  Defines "costs."  Makes conforming and
nonsubstantive changes.   

SECTION 12. Amends Section 34.23(b), Tax Code, to prohibit  the owner of
property sold for taxes to a  taxing unit from redeeming the property from
the taxing unit after the property has been resold. Deletes existing
Subsection (b). 

SECTION 13. Amends Section 41.11(a), Tax Code, to require an owner who
receives a notice as provided by this section to be entitled to protest
such actions provided by Section 41.44(a)(2). 

SECTION 14. Effective date:  January 1, 1998.

SECTION 15. Emergency clause.
  


 

 








 SUMMARY OF COMMITTEE CHANGES

SECTION 5.

Amends Section 33.02(b), Tax Code, to make a nonsubstantive change.

Adds new SECTION 6 and renumbers subsequent sections accordingly.

SECTION 6.

Amends Section 33.48, Tax Code, to sets forth provisions regarding certain
costs and expenses recovered  by a taxing unit in a suit to collect a
delinquent tax. 

Adds new SECTION 7 and renumbers subsequent sections accordingly.

SECTION 7.

Amends Section 33.51, Tax Code, regarding writ of possession.

SECTION 13.

Amends Section 41.11(a), Tax Code, to make a nonsubstantive change. 

SECTION 15.

Deletes a superfluous effective date.