By Carona                                        S.B. No. 974

      75R5447 SMH-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the recovery of environmental inspection, removal, and

 1-3     remediation costs by a taxing unit that purchases real property at

 1-4     an ad valorem tax sale.

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

 1-6           SECTION 1.  Section 34.06, Tax Code, is amended by adding

 1-7     Subsection (c) to read as follows:

 1-8           (c)  Notwithstanding Subsection (b), the purchasing taxing

 1-9     unit is entitled to recover from the proceeds of a resale of the

1-10     property any cost incurred by the taxing unit in inspecting the

1-11     property to determine whether there is a release or threatened

1-12     release of solid waste, as defined by Section 361.003, Health and

1-13     Safety Code, from the property and of taking action to remove or

1-14     remediate the release or threatened release regardless of whether

1-15     the taxing unit:

1-16                 (1)  was required by law to incur the cost; or

1-17                 (2)  obtained the consent of each taxing unit entitled

1-18     to receive proceeds of the sale under the judgment of foreclosure

1-19     to incur the cost.

1-20           SECTION 2.  The importance of this legislation and the

1-21     crowded condition of the calendars in both houses create an

1-22     emergency and an imperative public necessity that the

1-23     constitutional rule requiring bills to be read on three several

1-24     days in each house be suspended, and this rule is hereby suspended,

 2-1     and that this Act take effect and be in force from and after its

 2-2     passage, and it is so enacted.