AN ACT

 1-1     relating to the power of a county to seize and sell abandoned real

 1-2     property for delinquent ad valorem taxes.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter E, Chapter 33, Tax Code, is amended to

 1-5     read as follows:

 1-6                   SUBCHAPTER E.  SEIZURE OF REAL PROPERTY

 1-7           Sec. 33.91.  PROPERTY SUBJECT TO SEIZURE BY MUNICIPALITY.

 1-8     (a)  After notice has been provided to a person, the [A] person's

 1-9     real property is subject to seizure by a municipality for the

1-10     payment of delinquent ad valorem taxes, penalties, and interest the

1-11     person owes on the property and the amount secured by a municipal

1-12     health or safety lien on the property if:

1-13                 (1)  the property:

1-14                       (A)  is in a municipality;

1-15                       (B)  is less than one acre; and

1-16                       (C)  has been abandoned, unused, and vacant for

1-17     at least one year;

1-18                 (2)  the taxes on the property are delinquent for:

1-19                       (A)  each of the preceding five years; or

1-20                       (B)  each of the preceding three years if a lien

1-21     on the property has been created on the property in favor of the

1-22     municipality for the cost of remedying a health or safety hazard on

1-23     the property; and

 2-1                 (3)  the tax collector of the municipality determines

 2-2     that seizure of the property under this subchapter for the payment

 2-3     of the delinquent taxes, penalties, and interest, and of a

 2-4     municipal health and safety lien on the property, would be in the

 2-5     best interest of the municipality and the other taxing units after

 2-6     determining that the sum of all outstanding tax and municipal

 2-7     claims against the property plus the estimated costs of a standard

 2-8     judicial foreclosure exceed the anticipated proceeds from a tax

 2-9     sale.

2-10           (b)  The seizure and sale may not be set aside or voided

2-11     because of any error in determination.

2-12           Sec. 33.911.  PROPERTY SUBJECT TO SEIZURE BY COUNTY.

2-13     (a)  After notice has been provided to a person, the person's real

2-14     property is subject to seizure by a county for the payment of

2-15     delinquent ad valorem taxes, penalties, and interest the person

2-16     owes on the property if:

2-17                 (1)  the property:

2-18                       (A)  is in the county;

2-19                       (B)  is not in a municipality; and

2-20                       (C)  has been abandoned, unused, and vacant for

2-21     at least one year;

2-22                 (2)  the taxes on the property are delinquent for each

2-23     of the preceding five years; and

2-24                 (3)  the county tax assessor-collector determines that

2-25     seizure of the property under this subchapter for the payment of

 3-1     the delinquent taxes, penalties, and interest would be in the best

 3-2     interest of the county and the other taxing units after determining

 3-3     that the sum of all outstanding tax and county claims against the

 3-4     property plus the estimated costs of a standard judicial

 3-5     foreclosure exceed the anticipated proceeds from a tax sale.

 3-6           (b)  The seizure and sale may not be set aside or voided

 3-7     because of any error in determination.

 3-8           Sec. 33.912.  NOTICE.  A person is considered to have been

 3-9     provided the notice required by Sections 33.91 and 33.911 if by

3-10     affidavit or otherwise the collector shows that the assessor for

3-11     the municipality or county mailed the person each bill for

3-12     municipal or county taxes required to be sent the person by Section

3-13     31.01:

3-14                 (1)  in each of the five preceding years, if the taxes

3-15     on the property are delinquent for each of those years; or

3-16                 (2)  in each of the three preceding years, if:

3-17                       (A)  the taxes on the property are delinquent for

3-18     each of those years; and

3-19                       (B)  a lien on the property has been created on

3-20     the property in favor of the municipality for the cost of remedying

3-21     a health or safety hazard on the property.

3-22           Sec. 33.92.  INSTITUTION OF SEIZURE.  (a)  After property

3-23     becomes subject to seizure under Section 33.91 or 33.911, the

3-24     collector for a municipality or a county, as appropriate, may apply

3-25     for a tax warrant to a district court in the county in which the

 4-1     property is located.

 4-2           (b)  The court shall issue the tax warrant if by affidavit

 4-3     the collector shows that the property is subject to seizure under

 4-4     Section 33.91 or 33.911.

 4-5           (c)  The court issuing the tax warrant shall include a

 4-6     statement as to the appraised value of the property according to

 4-7     the most recent appraisal roll approved by the appraisal review

 4-8     board.  That value is presumed to be the market value of the

 4-9     property on the date that the warrant is issued.

4-10           Sec. 33.93.  TAX WARRANT.  (a)  A tax warrant shall direct

4-11     the sheriff or a constable in the county and the collector for the

4-12     municipality or the county to seize the property described in the

4-13     warrant, subject to the right of redemption, for the payment of the

4-14     ad valorem taxes, penalties, and interest owing on the property

4-15     included in the application, the amount secured by a municipal

4-16     health or safety lien on the property included in the application,

4-17     and the costs of seizure and sale.  The warrant shall direct the

4-18     person whose property is seized to disclose to a person executing

4-19     the warrant the name and address if known of any other person

4-20     having an interest in the property.

4-21           (b)  A bond may not be required of a municipality or county

4-22     for issuance or delivery of a tax warrant, and a fee or court cost

4-23     may not be charged for issuance or delivery of the warrant.

4-24           (c)  On issuance of a tax warrant, the collector shall take

4-25     possession of the property pending its sale.

 5-1           Sec. 33.94.  NOTICE OF TAX SALE.  (a)  After a seizure of

 5-2     property, the collector for the municipality or county shall make a

 5-3     reasonable inquiry to determine the identity and address of any

 5-4     person, other than the person against whom the tax warrant is

 5-5     issued, having an interest in the property.  The collector shall

 5-6     deliver as soon as possible a notice stating the time and place of

 5-7     the sale and briefly describing the property seized to the person

 5-8     against whom the warrant is issued and to any other person the

 5-9     collector determines has an interest in the property if the

5-10     collector can ascertain the address of the other person.

5-11           (b)  Failure to send or receive a notice required by this

5-12     section does not affect the validity of the sale of the seized

5-13     property or title to the property.

5-14           Sec. 33.95.  PURCHASER.  A purchaser for value at or

5-15     subsequent to the tax sale may conclusively presume the validity of

5-16     the sale and takes free of any claim of a party with a prior

5-17     interest in the property subject to the provisions of Section

5-18     16.002(b), Civil Practice and Remedies Code, and subject to

5-19     applicable rights of redemption.

5-20           SECTION 2.  Section 34.01, Tax Code, is amended by adding

5-21     Subsection (f) to read as follows:

5-22           (f)  Except as provided in Subsection (e), property seized

5-23     under Subchapter E, Chapter 33, may not be sold for an amount that

5-24     is less than the lesser of the market value of the property or the

5-25     total amount of taxes due on the property.  A taxing unit that

 6-1     takes title to property seized under that subchapter takes title to

 6-2     the property for the use and benefit of that taxing unit and all

 6-3     other taxing units that established tax liens in the suit or that,

 6-4     on the date of the seizure, were owed delinquent taxes on the

 6-5     property.

 6-6           SECTION 3.  Subsection (b), Section 34.06, Tax Code, is

 6-7     amended to read as follows:

 6-8           (b)  The purchasing taxing unit shall pay all costs and

 6-9     expenses of court, [and] sale, and resale and, after deducting an

6-10     amount equal to the amount the taxing unit has reasonably spent for

6-11     the maintenance and preservation of the property, shall distribute

6-12     the remainder of the proceeds as provided by Section 34.02 of this

6-13     code for distribution of proceeds after payment of costs.

6-14           SECTION 4.  Subsections (a) and (b), Section 34.21, Tax Code,

6-15     are amended to read as follows:

6-16           (a)  The owner of real property sold at a tax sale that was

6-17     the residence homestead of the owner or that was land designated

6-18     for agricultural use when judgment in the suit to collect the tax

6-19     was rendered or when the tax warrant was issued [filed] may redeem

6-20     the property within two years after the date on which the

6-21     purchaser's deed is filed for record by paying the purchaser the

6-22     amount the purchaser bid for the property, the amount of the deed

6-23     recording fee, and the amount paid by the purchaser as taxes,

6-24     penalties, interest, and costs on the property, plus 25 percent of

6-25     the aggregate total if the property is redeemed during the first

 7-1     year of the redemption period or 50 percent of the aggregate total

 7-2     if the property is redeemed during the second year of the

 7-3     redemption period.

 7-4           (b)  The owner of real property sold at a tax sale other than

 7-5     property covered by Subsection (a) may redeem the property within

 7-6     six months after the date on which the purchaser's deed is filed

 7-7     for record by paying the purchaser an [the] amount equal to the

 7-8     greater of the seizure or judgment amount and costs or the amount

 7-9     the purchaser bid for the property, plus an [the] amount equal to

7-10     the sum of the deed recording fee[,] and an amount equal to [the

7-11     amount paid by the purchaser as taxes, penalties, interest, and

7-12     costs on the property, plus] 25 percent of the aggregate total.  A

7-13     purchaser who is paid a redemption amount that exceeds 125 percent

7-14     of the amount the purchaser paid for the property shall deliver an

7-15     equal portion of the excess amount to each taxing unit that was a

7-16     party to the judgment or tax warrant.

7-17           SECTION 5.  Subsection (b), Section 33.50, Tax Code, is

7-18     amended to read as follows:

7-19           (b)  If the judgment in a suit to collect a delinquent tax is

7-20     for the foreclosure of a tax lien on property, the order of sale

7-21     shall specify that the property may [not] be sold to a taxing unit

7-22     that is a party to the suit or to any other person, other than a

7-23     person owning an interest in the property or [to] any party to the

7-24     suit that is not[, other than] a taxing unit, for [less than] the

7-25     market value of the property stated in the judgment or the

 8-1     aggregate amount of the judgments against the property, whichever

 8-2     is less.

 8-3           SECTION 6.  Section 33.51, Tax Code, is amended to read as

 8-4     follows:

 8-5           Sec. 33.51.  WRIT OF POSSESSION.  If the court orders the

 8-6     foreclosure of a tax lien and the sale of real property, the

 8-7     judgment shall provide for the issuance of a writ of possession to

 8-8     the purchaser at the sale or his assigns within 20 days after the

 8-9     purchaser's deed is filed of record [period of redemption expires].

8-10           SECTION 7.  This Act takes effect September 1, 1997.

8-11           SECTION 8.  The importance of this legislation and the

8-12     crowded condition of the calendars in both houses create an

8-13     emergency and an imperative public necessity that the

8-14     constitutional rule requiring bills to be read on three several

8-15     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 141 passed the Senate on

         February 25, 1997, by the following vote:  Yeas 29, Nays 1; and

         that the Senate concurred in House amendment on May 23, 1997, by a

         viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 141 passed the House, with

         amendment, on May 21, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor