75R8517 SMH-F                           

         By Horn                                               H.B. No. 2587

         Substitute the following for H.B. No. 2587:

         By Horn                                           C.S.H.B. No. 2587

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the collection of delinquent property taxes and the

 1-3     foreclosure of tax liens.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 31.061(b), Tax Code, is amended to read

 1-6     as follows:

 1-7           (b)  A [If a] taxing unit acquiring property under this

 1-8     section may sell the property.  The sale may be conducted in a

 1-9     manner provided by Section 34.05.  If the  taxing unit sells the

1-10     property within six months after the date the owner conveys the

1-11     property, the taxing unit shall pay to each taxing unit its

1-12     proportionate share of the sale proceeds according to each taxing

1-13     unit's share of the total amount of the taxes, penalties, and

1-14     interest owed at the time of the acquisition.

1-15           SECTION 2.  Section 33.41, Tax Code, is amended by adding

1-16     Subsection (d) to read as follows:

1-17           (d)  A suit brought under Subsection (a) against the personal

1-18     representative or guardian of an estate is not required to be filed

1-19     in the court in which the probate or guardianship proceeding is

1-20     pending.  The suit may be filed in a court in the county in which

1-21     the property has taxable situs.  The provisions of the Texas

1-22     Probate Code requiring that a claim be presented to the court in

1-23     which the probate or guardianship proceeding is pending as a

1-24     prerequisite for judgment do not apply to a claim by a taxing unit

 2-1     for delinquent taxes.

 2-2           SECTION 3.  Section 33.51, Tax Code, is amended to read as

 2-3     follows:

 2-4           Sec. 33.51.  WRIT OF POSSESSION.  If the court orders the

 2-5     foreclosure of a tax lien and the sale of real property, the

 2-6     judgment shall provide for the issuance by the clerk of the court

 2-7     of a writ of possession to the purchaser at the sale or to the

 2-8     purchaser's [his] assigns within 20 days after the date on which

 2-9     the purchaser's deed from the officer making the sale is filed of

2-10     record [period of redemption expires].

2-11           SECTION 4.  Section 33.52, Tax Code, is amended to read as

2-12     follows:

2-13           Sec. 33.52.  JUDGMENT FOR CURRENT TAXES.  (a)  If the court

2-14     orders the foreclosure of a tax lien and the sale of real property,

2-15     the judgment shall, on the motion of the taxing unit, order that

2-16     the taxing unit recover from the proceeds of the sale the amount of

2-17     tax on the property for the current tax year [prorated to the day

2-18     of judgment].

2-19           (b)  If the amount of tax for the current tax year has not

2-20     been determined on the date of judgment, the court shall, on the

2-21     motion of the taxing unit, order recovery of the amount of tax

2-22     imposed on the  property for the preceding tax year[, prorated to

2-23     the date of judgment].

2-24           (c)  If taxes for the current year are not included in the

2-25     judgment, the tax sale does not affect:

2-26                 (1)  the lien securing the taxes for the current year;

2-27     or

 3-1                 (2)  the personal liability of the owner of the

 3-2     property for the taxes for the current year.

 3-3           SECTION 5.  Subchapter C, Chapter 33, Tax Code, is amended by

 3-4     adding Section 33.55 to read as follows:

 3-5           Sec. 33.55.  EFFECT OF JUDGMENT ON ACCRUAL OF PENALTIES AND

 3-6     INTEREST.  A judgment for delinquent taxes does not affect the

 3-7     accrual after the date of the judgment of penalties and interest

 3-8     under this chapter on the taxes included in the judgment.

 3-9           SECTION 6.  Section 34.05(a), Tax Code, is amended to read as

3-10     follows:

3-11           (a)  If property is sold to a taxing unit that is a party to

3-12     the judgment, the taxing unit may sell the property at any time by

3-13     public or private sale.  In selling the property, the taxing unit

3-14     may, but is not required to, use the procedures provided by Section

3-15     263.001, Local Government Code, or Section 272.001, Local

3-16     Government Code.  The sale is[,] subject to any right of redemption

3-17     of the former owner.  The redemption period begins on the date the

3-18     deed to the taxing unit is filed for record [existing at the time

3-19     of the sale].

3-20           SECTION 7.  Section 34.21(e), Tax Code, is amended to read as

3-21     follows:

3-22           (e)  In this section:

3-23                 (1)  "Agricultural use" has the meaning assigned by

3-24     Section 23.51.

3-25                 (2)  "Costs" includes the amount reasonably spent by

3-26     the purchaser for the maintenance, preservation, and safekeeping of

3-27     the property, including the cost of:

 4-1                       (A)  property insurance;

 4-2                       (B)  repairs or improvements required by a local

 4-3     ordinance or building code or by a lease of the property in effect

 4-4     on the date of the sale;

 4-5                       (C)  discharging a lien imposed by a municipality

 4-6     to secure expenses incurred by the municipality in remedying a

 4-7     health or safety hazard on the property;

 4-8                       (D)  dues or assessments for maintenance paid to

 4-9     a property owners' association under a recorded restrictive

4-10     covenant to which the property is subject; and

4-11                       (E)  impact or standby fees imposed under the

4-12     Local Government Code or Water Code and paid to a political

4-13     subdivision.

4-14                 (3)  "Purchaser" includes a taxing unit to which

4-15     property is bid off under Section 34.01(c).

4-16                 (4)  "Residence [, "residence] homestead" has the

4-17     meaning assigned by Section 11.13.

4-18           SECTION 8.  Section 4, Article 1.05, Title 79, Revised

4-19     Statutes (Article 5069-1.05, Vernon's Texas Civil Statutes), is

4-20     amended to read as follows:

4-21           Sec. 4.  This article does not apply to a judgment:

4-22                 (1)  in favor of a taxing unit in a delinquent tax suit

4-23     under Subchapter C, Chapter 33, Tax Code; or

4-24                 (2)  that earns interest that is set by Title 2, Tax

4-25     Code.

4-26           SECTION 9.  Sections 31.061(g), 34.05(g), and 34.21(f), Tax

4-27     Code, are repealed.

 5-1           SECTION 10.  The changes in law made by Sections 5 and 9 of

 5-2     this Act apply to the accrual of interest on or after the effective

 5-3     date of this Act on a judgment entered before, on, or after the

 5-4     effective date of this Act.

 5-5           SECTION 11.  The importance of this legislation and the

 5-6     crowded condition of the calendars in both houses create an

 5-7     emergency and an imperative public necessity that the

 5-8     constitutional rule requiring bills to be read on three several

 5-9     days in each house be suspended, and this rule is hereby suspended,

5-10     and that this Act take effect and be in force from and after its

5-11     passage, and it is so enacted.