By Ramsay H.B. No. 3501
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain tax warrants.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 33, Section 33.23, Tax
1-5 Code, is amended by amending Subsection (c) and adding Subsection
1-6 (d) to read as follows:
1-7 Sec. 33.23. Tax Warrant. (a) A tax warrant shall direct a
1-8 peace officer in the county and the collector to seize as much of
1-9 the person's personal property as may be reasonably necessary for
1-10 payment of all taxes, penalties, and interest included in the
1-11 application and all costs of seizure and sale. The warrant shall
1-12 direct the person whose property is seized to disclose to the
1-13 officer executing the warrant the name and address if known of any
1-14 other person having an interest in the property.
1-15 (b) A bond may not be required of a taxing unit for issuance
1-16 or delivery of a tax warrant, and a fee or court cost may not be
1-17 charged for issuance or delivery of a warrant.
1-18 (c) After a tax warrant is issued, the collector shall take
1-19 possession of the property pending its sale. The person against
1-20 whom a tax warrant is issued or another person having possession of
1-21 property of the person against whom a tax warrant is issued shall
1-22 surrender the property on demand.
2-1 (1) A tax warrant issued against a royalty interest
2-2 owner in a producing mineral property may not be served against the
2-3 operation of that property.
2-4 (2) Royalty payments held by the operator of a
2-5 producing mineral property for monthly distribution or in suspense
2-6 because the owner or address is unknown shall not be surrendered by
2-7 the operator to the collector.
2-8 (d) A tax warrant issued for a divided interest in minerals
2-9 in place can be served only on the owner(s) of that interest.
2-10 SECTION 2. This Act takes effect September 1, 1997.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.