By Heflin                                             H.B. No. 3306

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to penalties and interest, writs, suits, judgment amounts,

 1-3     right of redemption and distribution of proceeds in ad valorem tax

 1-4     matters.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 31.01(a), Tax Code, is amended to read as

 1-7     follows:

 1-8           (a)  Except as provided by Subsection (f) of this section,

 1-9     the assessor for each taxing unit shall prepare and mail a tax bill

1-10     to each person in whose name the property is listed on the tax roll

1-11     or to his authorized agent.  The assessor shall mail tax bills by

1-12     October 1 or as soon thereafter as practicable.  The assessor shall

1-13     mail to the state agency or institution the tax bill for any

1-14     taxable property owned by the agency or institution.  The agency or

1-15     institution shall pay the taxes from funds appropriated for payment

1-16     of the taxes or, if there are none, from funds appropriated for the

1-17     administration of the agency or institution.  The exterior

1-18     [outside] of the [envelope in which a] tax bill [is sent] must show

1-19     the return address of the taxing unit and must contain, in all

1-20     capital letters, the words "ADDRESS CORRECTION REQUESTED".

1-21           SECTION 2.  Section 32.07, Tax Code, is amended to add

1-22     Subsections (d) through (g) to read as follows:

1-23           (d)  Any person who receives or collects an ad valorem tax or

1-24     any money represented to be a tax from another person holds the

 2-1     amount so collected in trust for the benefit of the taxing unit and

 2-2     is liable to the taxing unit for the full amount collected plus any

 2-3     accrued penalties and interest on the amount collected.

 2-4           (e)  With respect to an ad valorem tax or other money subject

 2-5     to the provisions of Subsection (d), an individual who controls or

 2-6     supervises the collection of tax or money from another person, or

 2-7     an individual who controls or supervises the accounting for and

 2-8     paying over of the tax or money, and who wilfully fails to pay or

 2-9     cause to be paid the tax or money is liable as a responsible

2-10     individual for an amount equal to the tax or money not paid or

2-11     caused to be paid.  The liability imposed by this subsection is in

2-12     addition to any other penalty provided by law.  The dissolution of

2-13     a corporation, association, limited liability company, or

2-14     partnership does not affect a responsible individual's liability

2-15     under this subsection.

2-16           (f)  Venue for suits arising under this section shall be

2-17     governed by Section 33.41(a), Tax Code.

2-18           (g)  In this section:

2-19                 (1)  "Responsible individual" includes an officer,

2-20     manager, director or employee or a corporation, association, or

2-21     limited liability company or a member of a partnership who, as an

2-22     officer, manager, director, employee, or member, is under a duty to

2-23     perform an act with respect to the collection, accounting, or

2-24     payment of a tax or money subject to the provisions of Subsection

2-25     (d).

2-26                 (2)  "Tax" includes any ad valorem tax or money subject

2-27     to the provisions of Subsection (d), including the penalty and

 3-1     interest computed by reference to the amount of the tax or money.

 3-2           SECTION 3.  Section 33.01(a) and (c), Tax Code, are amended

 3-3     to read as follows:

 3-4           (a)  A delinquent tax incurs a penalty of six percent of the

 3-5     amount of the tax for the first calendar month it is delinquent

 3-6     plus one percent for each additional month or portion of a month

 3-7     the tax remains unpaid prior to July 1 of the year in which it

 3-8     becomes delinquent.  However, a tax delinquent on July 1 incurs a

 3-9     total penalty of twelve percent of the amount of the delinquent tax

3-10     without regard to the number of months the tax has been delinquent.

3-11     A delinquent tax continues to incur the penalty provided by this

3-12     subsection as long as the tax remains unpaid, regardless of whether

3-13     a judgment for the delinquent tax has been rendered.

3-14           (c)  A delinquent tax accrues interest at a rate of one

3-15     percent for each month or portion of a month the tax remains

3-16     unpaid.  Interest payable under this section is to compensate the

3-17     taxing unit for revenue lost because of the delinquency.  A

3-18     delinquent tax continues to accrue interest under this subsection

3-19     as long as the tax remains unpaid, regardless of whether a judgment

3-20     for the delinquent tax has been rendered.

3-21           SECTION 4.  Section 4, Article 1.05, Title 79, Revised

3-22     Statutes (Article 5069-1.05, Vernon's Texas Civil Statutes), is

3-23     amended to read as follows:

3-24           Sec. 4.  This article does not apply to a judgment:

3-25                 (1)  in favor of a taxing unit in a suit to collect a

3-26     delinquent tax under Subchapter C, Chapter 33, Tax Code; or

3-27                 (2)  that earns interest that is set by Title 2, Tax

 4-1     Code.

 4-2           SECTION 5.  Section 33.02(b), Tax Code, is amended to read as

 4-3     follows:

 4-4           (b)  Interest and penalty accrues as provided by Subsections

 4-5     (a) and (c) of Section 33.01 of this code on the unpaid balance

 4-6     during the period of the agreement.

 4-7           SECTION 6.  Section 33.41, Tax Code, is amended by adding a

 4-8     new subsection (d) to read as follows:

 4-9           (d)  A suit brought under Subsection (a) against an

4-10     administrator, executor, guardian or any other personal

4-11     representative of an estate that is the subject of a pending

4-12     probate proceeding need not be filed in the court of that probate

4-13     proceeding, but may instead be brought in a court of competent

4-14     jurisdiction of the county in which the tax was imposed.  All

4-15     provisions relative to the presentment of a claim against an estate

4-16     as a prerequisite for judgement shall not be so construed as to

4-17     apply to any claim for delinquent taxes owing to a taxing unit.

4-18     This subsection applies to all such claims for delinquent taxes

4-19     regardless of the nature of the estate or of the manner in which it

4-20     is administered.

4-21           SECTION 7.  Section 33.51, Tax Code, is amended to read as

4-22     follows:

4-23           Sec. 33.51.   If the court orders the foreclosure of a tax

4-24     lien and the sale of real property, the judgment shall provide for

4-25     the issuance by the clerk of said court of a writ of possession to

4-26     the purchaser at the sale or to the purchaser's [his] assigns no

4-27     sooner than 20 days following the date on which the purchaser's

 5-1     deed from the sheriff or constable is filed of record [within 20

 5-2     days after the period of redemption expires].

 5-3           SECTION 8.  Section 33.52, Tax Code, is amended by amending

 5-4     Subsections (a) and (b) and adding Subsection (c) to read as

 5-5     follows:

 5-6           (a)  If the court orders the foreclosure of a tax lien and

 5-7     the sale of real property, the judgment may include foreclosure on

 5-8     any unpaid tax on the property for the current year [shall order

 5-9     that the taxing unit recover from the proceeds of the sale the

5-10     amount of tax on the property for the current tax year prorated to

5-11     the date of the judgment].

5-12           (b)  If the amount of tax for the current tax year has not

5-13     been determined on the date of judgment, the court may [shall]

5-14     order recovery of and foreclosure on the amount of tax imposed on

5-15     the property for the preceding tax year [prorated to the date of

5-16     judgment].

5-17           (c)  If the judgment does not provide for recovery of taxes

5-18     imposed for the current tax year, or for recovery of estimated

5-19     taxes that cannot then be calculated for the current year, the real

5-20     property is subject to the taxes for the current tax year and to

5-21     the lien that secures those taxes, and any subsequent purchaser

5-22     takes the property subject to those taxes and the tax lien.

5-23           SECTION 9.  Subsections 34.05 (a) and (g), Tax Code, are

5-24     amended to read as follows:

5-25           (a)  If property is sold to a taxing unit that is a party to

5-26     the judgment, the taxing unit may sell the property at any time and

5-27     in any manner, except as otherwise required by this section.  All

 6-1     such resales shall be [,] subject to any right of redemption

 6-2     existing at the time of the sale.

 6-3           (g)  Sections 263.001 and 272.001(a), Local Government Code,

 6-4     do not apply to property sold by a taxing unit [in a municipality

 6-5     with a population of 1.5 million or more] under this section.  A

 6-6     taxing unit may however elect to follow the Local Government Code

 6-7     provisions in reselling such property.

 6-8           SECTION 10.  Section 34.06(b), Tax Code, is amended to read

 6-9     as follows:

6-10           (b)  The purchasing taxing unit shall pay all costs and

6-11     expenses of court and sale and shall distribute the remainder of

6-12     the proceeds to each taxing unit participating in the sale in an

6-13     amount equal to the proportion each participant's taxes, penalties

6-14     and interest bear to the total amount of taxes, penalties and

6-15     interest due all participants in the sale, less any amounts

6-16     previously paid as costs on the property as defined under

6-17     subsection (i) of Section 34.21 of this code [as provided by

6-18     Section 34.02 of this code for distribution of proceeds after

6-19     payment of costs,].

6-20           SECTION 11.  Section 34.21, Tax Code, is amended to read as

6-21     follows:

6-22           Sec. 34.21.  (a)  The owner of real property sold at a tax

6-23     sale to a purchaser other than a taxing unit and that was the

6-24     residence homestead of the owner or that was land designated for

6-25     agricultural use when the suit to collect the tax was filed may

6-26     redeem the property within two years after the date on which the

6-27     purchaser's deed is filed for record by paying the purchaser the

 7-1     amount the purchaser bid for the property, the amount of the deed

 7-2     recording fee, and the amount paid by the purchaser as taxes,

 7-3     penalties, interest, and costs on the property, plus a redemption

 7-4     premium of 25 percent of the aggregate total if the property is

 7-5     redeemed during the first year of the redemption period or 50

 7-6     percent of the aggregate total if the property is redeemed during

 7-7     the second year of the redemption period.

 7-8           (b)  If property that was the owner's residence homestead or

 7-9     was land designated for agricultural use when the suit to collect

7-10     the tax was filed is bid off to a taxing unit under Section 34.01

7-11     (c) and has not been resold by the taxing unit, the owner having a

7-12     right of redemption may redeem the property within two years after

7-13     the date on which the deed of the taxing unit is filed for record

7-14     by paying the taxing unit the amount of the judgment against the

7-15     property or the market value of the property as specified in that

7-16     judgment, whichever is less, plus the amount of the fee for filing

7-17     the taxing unit's deed and the amount expended by the taxing unit

7-18     as costs on the property.

7-19           (c)  If real property that was the owner's residence

7-20     homestead or was land designated for agricultural use when the suit

7-21     to collect the tax was filed has been resold by the taxing unit

7-22     under Section 34.05, the owner of the property having a right of

7-23     redemption may redeem the property within two years after the date

7-24     on which the taxing unit files for record the deed from the sheriff

7-25     or constable by paying the person who purchased the property from

7-26     the taxing unit the amount the purchaser paid for the property, the

7-27     amount of the fee for filing the purchaser's deed for record, the

 8-1     amount paid by the purchaser as taxes, penalties, interest and

 8-2     costs on the property, plus a redemption premium of 25 percent of

 8-3     the aggregate total if the property is redeemed in the first year

 8-4     of the redemption period or 50 percent of the aggregate total if

 8-5     the property is redeemed in the second year of the redemption

 8-6     period.

 8-7           (d) [(b)]  The owner of real property sold at a tax sale

 8-8     other than property that was the residence homestead of the owner

 8-9     or that was land designated for agricultural use when the suit to

8-10     collect the tax was filed [covered by Subsection (a)] may redeem

8-11     the property in the same manner and by paying the same amounts as

8-12     prescribed by Subsections (a), (b) or (c), as applicable, except

8-13     that:

8-14                 (1)  the owner's right of redemption may be exercised

8-15     no later than 180 days following [within six months after] the date

8-16     on which the purchaser's or taxing unit's deed is filed for record

8-17     [by paying the purchaser the amount the purchaser bid for the

8-18     property, the amount of the deed recording fee, and the amount paid

8-19     by the purchaser as taxes, penalties, interest, and costs on the

8-20     property, plus 25 percent of the aggregate total.] and

8-21                 (2)  the redemption premium payable by the owner to a

8-22     purchaser other than a taxing unit shall not exceed 25 percent.

8-23           (e) [(c)]  If the owner of the real property makes an

8-24     affidavit that the owner [he] has made diligent search in the

8-25     county in which the property is located for the purchaser at the

8-26     tax sale or for the purchaser at resale, and has failed to find

8-27     that the purchaser [him], that the purchaser [at the sale] is not a

 9-1     resident of the county in which the property is located, that the

 9-2     owner [he] and the purchaser can not agree on the amount of

 9-3     redemption money due, or that the purchaser refuses to give the

 9-4     owner [him] a quitclaim deed to the property, the owner may redeem

 9-5     the land by paying the required amount as prescribed by this

 9-6     section [Subsection (a) or (b), as applicable,] to the

 9-7     assessor-collector for the county in which the property described

 9-8     has been redeemed.  The assessor-collector shall on demand pay the

 9-9     money received by the assessor-collector [him] to the purchaser [at

9-10     the tax sale].

9-11           (f) [(d)]  The right of redemption does not grant or reserve

9-12     in the former owner of the real property the right to the use or

9-13     possession of the property, or to receive rents, income, or other

9-14     benefits from the property while the right of redemption exists.

9-15           (g) [(e)]  In this section, "residence homestead" has the

9-16     meaning assigned by Section 11.13.

9-17           (h) [(f)]  In this section, "agricultural use" has the

9-18     meaning assigned by Section 23.51.

9-19           (i)  In this section, "costs" is defined to include all those

9-20     amounts reasonably expended by a purchaser or taxing unit in the

9-21     maintenance, preservation and safekeeping of the property,

9-22     including but not limited to:

9-23                             (i)  insurance against fire, flood and

9-24     other hazards,

9-25                             (ii)  repairs and improvements required by

9-26     local ordinance, building code, or by the terms of any existing

9-27     lease of the property, whether written or oral,

 10-1                            (iii)  discharge of mowing, cleaning or

 10-2    demolition liens against the property which secure expenses

 10-3    incurred by a municipality,

 10-4                            (iv)  dues, assessments for maintenance, or

 10-5    liens provided by recorded restrictive covenants affecting the

 10-6    property and payable to a property owner's association, and

 10-7                            (v)  standby fees payable to a water

 10-8    district, fresh water supply district, or other municipality as

 10-9    authorized by law.

10-10          SECTION 12.  Section 34.23(b), Tax Code, is amended to read

10-11    as follows:

10-12          (b)  Except as provided by Section 34.21(e) of this code, the

10-13    owner of property sold for taxes to a taxing unit may not redeem

10-14    the property from the taxing unit after the property has been

10-15    resold.  [If the owner of property sold for taxes redeems the

10-16    property from the taxing unit after the property has been resold,

10-17    the taxing unit shall pay the purchaser at the resale the amount he

10-18    paid for the property, plus 25 percent of that amount if the

10-19    redemption occurs within one year after the date the property is

10-20    resold or 50 percent of that amount if the redemption occurs more

10-21    than one year after the date the property is resold.  The taxing

10-22    unit shall distribute the redemption proceeds remaining after

10-23    payment of the amount due the purchaser at resale to the taxing

10-24    units adjudged to have tax liens against the property in the

10-25    proportion the amount of each unit's lien bears to the total amount

10-26    of all liens established in foreclosure suit.]

10-27          SECTION 13.  Section 41.11(a), Tax Code, is amended to read

 11-1    as follows:

 11-2          (a)  Not later than the [15th day before the] date the

 11-3    appraisal review board approves the appraisal records as provided

 11-4    by Section 41.12 of this code, the secretary of the board shall

 11-5    deliver written notice to a property owner of any change in the

 11-6    records that is ordered by the board as provided by this subchapter

 11-7    and that will result in an increase in the tax liability of the

 11-8    property owner.  An owner who receives a notice as provided by the

 11-9    section shall be entitled to protest such action as provided by

11-10    Section 41.44(a)(2).

11-11          SECTION 14.  This Act takes effect January 1, 1998.

11-12          SECTION 15.  The importance of this legislation and the

11-13    crowded condition of the calendars in both houses create an

11-14    emergency and an imperative public necessity that the

11-15    constitutional rule requiring bills to be read on three several

11-16    days in each house be suspended, and this rule is hereby suspended,

11-17    and that this Act take effect and be in force from and after its

11-18    passage, and it is so enacted.