SRC-CDH S.B. 1249 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1249
By: Ellis
Intergovernmental Relations
3-26-97
As Filed


DIGEST 

Currently, in the event of foreclosure of real property by a taxing
district resulting from nonpayment of ad valorem property taxes, the
Property Tax Code provides a three-year period following the tax sale in
which the procedural methodology of the foreclosure can be contested.  For
example, an unknown heir may claim a legal interest in the property, and
may attest that he or she was not properly notified of the pending
foreclosure action.  The potential of such a claim can effectively
forestall redevelopment of the property until the three-year limitations
period elapses, causing abandoned properties to abound.  This legislation
would shorten the limitations period to one year for non-homestead
properties, and to two years for homestead properties.  S.B. 1249 would
also enable properties to be sold at public auction for any amount, or at
a private sale for an amount that is not less than the lesser of the
market value specified in the foreclosure judgment or the total amount of
the judgments against the property.  Finally, this bill seeks to forestall
frivolous claims of faulty process by requiring all taxes, penalties,
interest, and costs on the property to be deposited into the registry of
the court at the time such a claim is made.       

PURPOSE

As proposed, S.B. 1249 authorizes the sale of property for delinquent ad
valorem 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 33.54, Tax Code, to prohibit an action relating
to the title to property, except as provided by Subsection (b), from being
maintained against the purchaser of the property at a tax sale unless the
action is commenced before the first anniversary of the date that the deed
is filed of record, or before the second anniversary date of the date the
deed is filed of record, if the property was the residence homestead of
the owner or land appraised under Chapter 23C or 23D, rather than within
three years after the deed is filed of record.  Establishes that when
actions are barred by this section, the purchaser at the tax sale or the
purchaser's successor in interest has, rather than being required to have,
full title to the property, precluding all other claims.  Makes conforming
changes. 

SECTION 2. Amends Section 34.05, Tax Code, by amending Subsections
(b)-(d), and adding Subsection (h), to authorize property sold pursuant to
Subsections (c) and (d) of this section to be sold for any amount.
Deletes the provisions prohibiting property from being sold for less than
a certain amount unless the property is sold pursuant to Subsections (c)
and (d).  Provides that this subsection does not authorize a sale of
property in violation of Section 52, Article III, Texas Constitution.
Provides that on receipt of a request for public sale of property, the
sheriff is required to sell the property, unless the property is sold
pursuant to Subsection (h) before the date set for the public sale.
Deletes the provision requiring the officer conducting the sale to reject
certain bids. Sets forth the terms by which the taxing unit that purchased
the property, in lieu of a sale pursuant to Subsections (c) and (d), is
authorized to sell the property at a private sale for a certain amount.
Makes conforming changes. 

SECTION 3. Amends Chapter A, Tax Code, by adding Section 34.08, as follows:
 
Sec. 34.08.  CHALLENGE TO VALIDITY OF TAX SALE.  Prohibits a person from
commencing an action that challenges the validity of a tax sale unless the
person deposits a certain amount into the registry of the court or files
an affidavit of inability to pay under Rule 145, Texas Rules of Civil
Procedure. 

SECTION 4. Effective date:  September 1, 1998.
  Makes application of this Act prospective.  

SECTION 5. Emergency clause.