1-1     By:  Dutton (Senate Sponsor - Gallegos)               H.B. No. 3263

 1-2           (In the Senate - Received from the House April 30, 1997;

 1-3     May 1, 1997, read first time and referred to Committee on

 1-4     Intergovernmental Relations; May 14, 1997, reported adversely, with

 1-5     favorable Committee Substitute by the following vote:  Yeas 9, Nays

 1-6     0; May 14, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 3263                By:  Gallegos

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the sale of tax foreclosed property.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Section 33.54, Tax Code, is amended to read as

1-13     follows:

1-14           Sec. 33.54.  LIMITATION ON ACTIONS RELATING TO PROPERTY SOLD

1-15     FOR TAXES.  (a)  Except as provided by Subsection (b) [of this

1-16     section], an [a cause of] action relating to the title to property

1-17     may not be maintained against the purchaser of the property at a

1-18     tax sale unless the action is commenced:

1-19                 (1)  before the first anniversary of the date that

1-20     [commences within three years after] the deed executed to the

1-21     purchaser at the tax sale is filed of record; or

1-22                 (2)  before the second anniversary of the date that the

1-23     deed executed to the purchaser is filed of record, if on the date

1-24     that the suit to collect the delinquent tax was filed the property

1-25     was:

1-26                       (A)  the residence homestead of the owner; or

1-27                       (B)  land appraised or eligible to be appraised

1-28     under Subchapter C or D, Chapter 23.

1-29           (b)  If a person other than the purchaser at the tax sale or

1-30     the person's [his] successor in interest pays taxes on the property

1-31     during the applicable limitations period and until the commencement

1-32     of an action challenging the validity of the tax sale [three years

1-33     following the date the deed is filed] and that person was not

1-34     served citation in the suit to foreclose the tax lien, that [the

1-35     three-year] limitations period does not apply to that person.

1-36           (c)  When actions are barred by this section, the purchaser

1-37     at the tax sale or the purchaser's [his] successor in interest has

1-38     [shall be held to have] full title to the property, precluding all

1-39     other claims.

1-40           SECTION 2.  Section 34.05, Tax Code, is amended by amending

1-41     Subsections (b), (c), and (d), and adding Subsections (h) and (i)

1-42     to read as follows:

1-43           (b)  Property [Unless the property is] sold pursuant to

1-44     Subsections (c) and (d) of this section[, it] may [not] be sold for

1-45     any [less than the market value specified in the judgment of

1-46     foreclosure or the total] amount [of the judgments against the

1-47     property, whichever is less, without the consent of each taxing

1-48     unit entitled to receive proceeds of the sale under the judgment.

1-49     Joinder of the taxing units in the conveyance of the property

1-50     constitutes consent.  The presiding officer of the governing body

1-51     of a taxing unit may consent in behalf of the taxing unit].  This

1-52     subsection does not authorize a sale of property in violation of

1-53     Section 52, Article III, Texas Constitution.

1-54           (c)  The taxing unit purchasing the property by resolution of

1-55     its governing body may request the sheriff to sell the property at

1-56     a public sale.  If the purchasing taxing unit has not sold the

1-57     property within six months after the date on which the owner's

1-58     right of redemption terminates, any taxing unit that is entitled to

1-59     receive proceeds of the sale by resolution of its governing body

1-60     may request the sheriff in writing to sell the property at a public

1-61     sale.  On receipt of a request made under this subsection, the

1-62     sheriff shall sell the property as provided by Subsection (d) of

1-63     this section, unless the property is sold pursuant to Subsection

1-64     (h) or (i) of this section before the date set for the public sale.

 2-1           (d)  Except as provided by this subsection, all public sales

 2-2     requested as provided by Subsection (c) of this section shall be

 2-3     conducted in the manner prescribed by the Rules of Civil Procedure

 2-4     for the sale of property under execution.  The notice of the sale

 2-5     must contain a description of the property to be sold, which must

 2-6     be a legal description in the case of real property, the number and

 2-7     style of the suit under which the property was sold at the tax

 2-8     foreclosure sale, and the date of the tax foreclosure sale.  [The

 2-9     officer conducting the sale shall reject any bid for the property

2-10     if it is his judgment that the amount bid is insufficient.  If all

2-11     bids are insufficient, the property shall be readvertised and

2-12     offered for sale again.]  The acceptance of a bid by the officer

2-13     conducting the sale is conclusive and binding on the question of

2-14     its sufficiency.  An action to set aside the sale on the grounds

2-15     that the bid is insufficient may not be sustained in court, except

2-16     that a taxing unit that participates in distribution of proceeds of

2-17     the sale may file an action within one year after the date of the

2-18     sale to set aside the sale on the grounds of fraud or collusion

2-19     between the officer making the sale and the purchaser.

2-20           (h)  In lieu of a sale pursuant to Subsections (c) and (d) of

2-21     this section, the taxing unit that purchased the property may sell

2-22     the property at a private sale.  Consent of each taxing unit

2-23     entitled to receive proceeds of the sale under the judgment is not

2-24     required.  Property sold under this subsection may not be sold for

2-25     an amount that is less than the lesser of:

2-26                 (1)  the market value specified in the judgment of

2-27     foreclosure; or

2-28                 (2)  the total amount of the judgments against the

2-29     property.

2-30           (i)  In lieu of a sale pursuant to Subsections (c) and (d) of

2-31     this section, the taxing unit that purchased the property may sell

2-32     the property at a private sale for an amount less than required

2-33     under Subsection (h) of this section with the consent of each

2-34     taxing unit entitled to receive proceeds of the sale under the

2-35     judgment.  This subsection does not authorize a sale of property in

2-36     violation of Section 52, Article III, Texas Constitution.

2-37           SECTION 3.  Subchapter A, Chapter 34, Tax Code, is amended by

2-38     adding Section 34.051 to read as follows:

2-39           Sec. 34.051.  RESALE BY TAXING UNIT FOR THE PURPOSE OF URBAN

2-40     REDEVELOPMENT.  (a)  A municipality is authorized to resell tax

2-41     foreclosed property for less than the market value specified in the

2-42     judgment of foreclosure or less than the total amount of the

2-43     judgments against the property if consent to the conveyance is

2-44     evidenced by an interlocal agreement between the municipality and

2-45     each taxing unit that is a party to the judgment, provided,

2-46     however, that the interlocal agreement complies with the

2-47     requirements of Subsection (b).

2-48           (b)  Any taxing unit may enter into an interlocal agreement

2-49     with the municipality for the resale of tax foreclosed properties

2-50     to be used for a purpose consistent with the municipality's urban

2-51     redevelopment plans.  Any such interlocal agreement should include

2-52     the following:

2-53                 (1)  a general statement and goals of the

2-54     municipality's urban redevelopment plans;

2-55                 (2)  a statement that the interlocal agreement concerns

2-56     only tax foreclosed property that is either vacant or distressed

2-57     and has a tax delinquency of six or more years;

2-58                 (3)  a statement that the properties will be used only

2-59     for a purpose consistent with an urban redevelopment plan that is

2-60     primarily aimed at providing housing for families of low or

2-61     moderate income;

2-62                 (4)  a statement that the principal goal of the

2-63     interlocal agreement is to provide an efficient mechanism for

2-64     returning deteriorated or unproductive properties to the tax rolls,

2-65     enhancing the value of ownership to the surrounding properties, and

2-66     improving the safety and quality of life in deteriorating

2-67     neighborhoods; and

2-68                 (5)  a provision that all properties are sold subject

2-69     to any right of redemption.

 3-1           (c)  An action attacking the validity of a sale of property

 3-2     pursuant to this section may not be instituted after the expiration

 3-3     of one year after the date of the sale and then only after the

 3-4     unconditional tender into the registry of the court of an amount

 3-5     equal to all taxes, penalties, interest, costs, and post-judgment

 3-6     interest of all judgments on which the original foreclosure sale

 3-7     was based.

 3-8           SECTION 4.  Subchapter A, Chapter 34, Tax Code, is amended by

 3-9     adding Section 34.08 to read as follows:

3-10           Sec. 34.08.  CHALLENGE TO VALIDITY OF TAX SALE.  (a)  A

3-11     person may not commence an action that challenges the validity of a

3-12     tax sale under this chapter unless the person:

3-13                 (1)  deposits into the registry of the court an amount

3-14     equal to the amount of the delinquent taxes, penalties, and

3-15     interest specified in the judgment of foreclosure obtained against

3-16     the property plus all costs of the tax sale; or

3-17                 (2)  files an affidavit of inability to pay under Rule

3-18     145, Texas Rules of Civil Procedure.

3-19           (b)  A person may not commence an action challenging the

3-20     validity of a tax sale after the time set forth in Section

3-21     33.54(a)(1) or (2), as applicable to the property, against a

3-22     subsequent purchaser for value who acquired the property in

3-23     reliance on the tax sale.  The purchaser may conclusively presume

3-24     that the tax sale was valid and shall have full title to the

3-25     property free and clear of the right, title, and interest of any

3-26     person that arose before the tax sale, subject only to recorded

3-27     restrictive covenants and valid easements of record set forth in

3-28     Section 34.01(d) and subject to applicable rights of redemption.

3-29           (c)  If a person is not barred from bringing an action

3-30     challenging the validity of a tax sale under Subsection (b) or any

3-31     other provision of this title or applicable law, the person must

3-32     bring an action no later than two years after the cause of action

3-33     accrues to recover real property claimed by another who:

3-34                 (1)  pays applicable taxes on the real property before

3-35     overdue; and

3-36                 (2)  claims the property under a registered deed

3-37     executed pursuant to Section 34.01.

3-38           (d)  Subsection (c) does not apply to a claim based on a

3-39     forged deed.

3-40           SECTION 5.  (a)  The changes in law made by Sections 1 and 4

3-41     of this Act apply only to an action that relates to the title to

3-42     property sold for taxes or challenges the validity of a tax sale

3-43     and that is commenced on or after September 1, 1998.  An action

3-44     commenced before September 1, 1998, is covered by the law in effect

3-45     when the property was sold, and the former law is continued in

3-46     effect for that purpose.

3-47           (b)  The changes in law made by Section 2 of this Act apply

3-48     only to the resale of property by a taxing unit on or after

3-49     September 1, 1998.  The resale of property by a taxing unit before

3-50     September 1, 1998, is covered by the law in effect when the

3-51     property was resold, and the former law is continued in effect for

3-52     that purpose.

3-53           SECTION 6.  The importance of this legislation and the

3-54     crowded condition of the calendars in both houses create an

3-55     emergency and an imperative public necessity that the

3-56     constitutional rule requiring bills to be read on three several

3-57     days in each house be suspended, and this rule is hereby suspended,

3-58     and that this Act take effect and be in force from and after its

3-59     passage, and it is so enacted.

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