BWH C.S.S.B. 141 75(R)BILL ANALYSIS


COUNTY AFFAIRS
C.S.S.B. 141
By: Cain (Giddings, Oakley)
5-8-97
Committee Report (Substituted)


BACKGROUND 

Currently, Texas law does not authorize a county to seize and sell
abandoned real property for delinquent ad valorem taxes.  These properties
often pose a health or safety threat but Texas counties lack the authority
to seize the property and sell it.  In addition, granting counties the
authority to seize and sell abandoned property would reduce government
expenditures on these properties and provide an increased tax base.  This
bill will grant a county the power to seize and sell abandoned real
property for delinquent ad valorem taxes. 

PURPOSE

This legislation grants power to a county to seize and sell abandoned real
property for delinquent ad valorem 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. Amends Chapter 33E, Tax Code, SEIZURE OF REAL PROPERTY, by
adding language to Section 33.91, 33.92, 33.93 and 33.94 and by adding
Sections 33.911 and 33.912 as follows: 

 Sec. 33.91.   Amends heading to read:  PROPERTY SUBJECT TO SEIZURE BY
MUNICIPALITY.  (a) Allows a municipality to seize real property for the
payment of delinquent ad valorem taxes after notice and a determination by
the tax assessor collector that a seizure would be in the best interest of
the municipality and other taxing units if the property is (1)  in a
municipality, (2)  less than one acre and (3) abandoned, unused and vacant
for at least one year provided that the taxes are delinquent for the five
preceding years or for the three preceding years if there is also a health
or safety related lien on the property.  Provides that the seizure or sale
may not be set aside or voided because of any error in determination.  

 Sec. 33.911. PROPERTY SUBJECT TO SEIZURE BY COUNTY.  Allows a county to
seize real property for the payment of delinquent ad valorem taxes after
notice and a determination by the tax assessor collector that a seizure
would be in the best interest of the county and other taxing units if the
property is (1)  in a county, (2) not in a municipality (3)  abandoned,
unused and vacant for at least one year provided that the taxes are
delinquent for the five preceding years.  Provides that the seizure or
sale may not be set aside or voided because of any error in determination. 

 Sec. 33.912. Defines notice as follows:  Notice as required by Sections
33.91 and 33.911, Tax Code, is satisfied if the notices required by
Section 31.01, Tax Code, have been sent in each of the preceding five
years or the preceding three years if there is a health or safety related
lien that taxes are delinquent. 

  33.92. INSTITUTION OF SEIZURE.  Provides steps that a municipality or
county must take to institute a seizure action.  Provides that the market
value of the property is as stated on the most recent appraisal roll. 
 
 Sec. 33.93. TAX WARRANT. Provides for the sheriff or constable and the
tax assessor collector for the municipality or county to seize the
property pursuant to a tax warrant.  Provides that no bond may be required
or court costs charged for issuance of the warrant.  Provides that the
collector shall take possession of the property pending sale. 

 Sec. 33.94. NOTICE OF TAX SALE.  Provides that a municipality or county
shall make reasonable effort to give notice of pending sale to persons who
have an interest in the property, and provide the time and place of sale. 

 Sec. 33.95. PURCHASER.   Purchaser for value at or subsequent to the sale
may presume the validity of the sale subject to Section 16.002(b), Civil
Practice and Remedies code, and applicable rights of redemption. 

SECTION 2. Amends Section 34.01, Tax Code, by adding subsection (f) as
follows: 

 (f) Provides that property sold pursuant to a seizure may not be sold for
less than (1) market value of the property or (2)  the total amount of
taxes due on the property. 

SECTION 3. Amends Section 34.06(b), Tax Code, by adding language as
follows: 

 (b) Provides that a taxing unit to which property is bid in may, upon
resale of the property, recover from the sale price the costs of sale,
resale, preservation and maintenance of the property before remitting any
excess proceeds to the persons entitled thereto. 

SECTION 4. Amends Sections 34.21(a) and (b), Tax Code, by adding language
as follows: 

 Sec. 34.21. (a)  Adds language to change the point at which property is
characterized as homestead for redemption purposes to the time a judgment
is rendered or a tax warrant is issued. 

 (b) Provides that an owner who redeems property must pay the greater of
the seizure or judgment amount, or the purchase price, to redeem property.
Further, if the purchaser receives more than the purchase price through a
redemption, the purchaser must remit the overage to the taxing
authorities. 

SECTION 5. Amends Section 33.50(b), Tax Code, by adding language as
follows: 

 (b) Clarifies Section 33.50(b) to state that any purchaser at a tax sale
may purchase property for the lesser of market value or the judgment
amount as long as the purchaser is not (1) a person owning an interest in
the property or (2)  a party to the suit other than the taxing
jurisdiction. 

SECTION 6. Amends Section 33.51, Tax Code, by adding language as follows:

 33.51. WRIT OF POSSESSION. Provides that the writ of possession shall
issue 20 days after the purchaser's deed is filed of record, not after the
redemption period expires. 

SECTION 7. Effective date:  September 1, 1997.

SECTION 8. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute makes the following changes to the original:

1) Amends Sections 33.91(a) and 33.911(a) of SECTION 1 by adding a
provision for notice to be provided to the owner; 
2) Adds a new Section 33.912 to SECTION 1 which provides for additional
notice provisions for seizures; 
3) Adds a new Subsection (c) to Section 33.92 of SECTION 1 which provides
a method for the sheriff to determine market value when selling seized
property at a tax sale; 
 4) Adds a new SECTION 2 which adds subsection (f) to allow seized
property to be sold for the lesser of market value or taxes due; 
5) Adds a new SECTION 3 which amends Section 34.06(b) to allow taxing
jurisdictions to recoup the costs of maintenance and preservation of the
property from the proceeds of the resale of tax foreclosed or seized
property; 
6) Adds a new SECTION 4 amends Section 34.21(a) and (b) which changes the
point at which property is characterized as homestead for redemption
purposes from the time that a suit is filed to the time that a judgment is
rendered or that a tax warrant is issued; 
7) Adds a new SECTION 5 amends Section 33.50(b) which clarifies which
purchasers may purchase property at a tax sale for the lesser of the
market value or the judgment amount; 
8) Adds a new SECTION 6 amends Section 33.51 which provides that the writ
of possession shall issue 20 days after the purchaser's deed is filed of
record, not after the redemption period expires; and 
9) Renumbers the following SECTIONS accordingly.