By Dutton H.B. No. 3263
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authorization of an interlocal agreement between
1-3 taxing units that provides for the disposal of tax foreclosed
1-4 property at less than market value.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 34, Tax Code, is amended by
1-7 adding Section 34.051 to read as follows:
1-8 Sec. 34.051. RESALE BY TAXING UNIT FOR THE PURPOSE OF URBAN
1-9 REDEVELOPMENT. (a) A municipality is authorized to resell tax
1-10 foreclosed property for less than the market value specified in the
1-11 judgment of foreclosure or less than the total amount of the
1-12 judgments against the property if consent to such a conveyance is
1-13 evidenced by an interlocal agreement between the municipality and
1-14 each taxing unit that is a party to the judgment providing,
1-15 however, that the interlocal agreement complies with the
1-16 requirements of Subsection (c).
1-17 (b) Any property sold under this section must be sold
1-18 conditioned on its use consistent with the municipality's urban
1-19 redevelopment plans within two years from the date of conveyance,
1-20 or title to the property reverts to the municipality. This two
1-21 year reverter condition does not apply if the property is sold to a
1-22 nonprofit entity that holds the property in a land bank for the
1-23 sole purpose of conveying the property for urban redevelopment that
1-24 is consistent with or part of the municipality's urban
2-1 redevelopment plans. Any property held in such a land bank shall
2-2 be exempt from ad valorem taxation and deemed to be held on behalf
2-3 of the municipality for a public purpose if the entity holding
2-4 title complies with the requirements of the interlocal agreement
2-5 provided for in Subsection (c) for use in the municipality's urban
2-6 redevelopment plans.
2-7 (c) Any taxing unit may enter into an interlocal agreement
2-8 with the municipality for the resale of tax foreclosed properties
2-9 to be used for a purpose consistent with the municipality's urban
2-10 redevelopment plans. Any such interlocal agreement should include
2-11 the following:
2-12 (1) A general statement and goals of the
2-13 municipality's urban redevelopment plans.
2-14 (2) A statement that the interlocal agreement concerns
2-15 only tax foreclosed property that is either vacant or distressed
2-16 and has a tax delinquency of six or more years.
2-17 (3) A statement that the properties will be used only
2-18 for a purpose consistent with an urban redevelopment plan that is
2-19 primarily aimed at providing housing for families of low or
2-20 moderate income.
2-21 (4) A statement that the principal goal of the
2-22 interlocal agreement is to provide an efficient mechanism for
2-23 returning deteriorated or unproductive properties to the tax rolls,
2-24 enhancing the value of ownership to the surrounding properties, and
2-25 improving the safety and quality of life in deteriorating
2-26 neighborhoods.
2-27 (5) All properties are sold subject to any right of
3-1 redemption.
3-2 (d) An action attacking the validity of a sale of property
3-3 pursuant to this section may not be instituted after the expiration
3-4 of one year after the date of the sale and then only after the
3-5 unconditional tender into the registry of the court of an amount
3-6 equal to all taxes, penalties, interest, costs, and post-judgment
3-7 interest of all judgments on which the original foreclosure sale
3-8 was based.