1-1     By:  Ellis                                            S.B. No. 1249

 1-2           (In the Senate - Filed March 12, 1997; March 17, 1997, read

 1-3     first time and referred to Committee on Intergovernmental

 1-4     Relations; April 11, 1997, reported favorably, as amended, by the

 1-5     following vote:  Yeas 11, Nays 0; April 11, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                              By:  Shapiro

 1-7     Amend S.B. No. 1249 as follows:

 1-8           (1)  In SECTION 2 of the bill:

 1-9           (a)  In the section heading (Introduced version page 2, line

1-10     30) strike "Subsection (h)" and insert "Subsections (h) and (i)"

1-11           (b)  In Subsection (c), Section 34.05, Tax Code (Introduced

1-12     version page 2, lines 52 and 53), between "Subsection (h)" and

1-13     "before" insert "or (i)"

1-14           (c)  In Section 34.05, Tax Code (Introduced version page 3,

1-15     between lines 13 and 14), insert Subsection (i) to read as follows:

1-16           "(i)  In lieu of a sale pursuant to Subsections (c) and (d)

1-17     of this section, the taxing unit that purchased the property may

1-18     sell the property at a private sale for an amount less than

1-19     required under Subsection (h) of this section with the consent of

1-20     each taxing unit entitled to receive proceeds of the sale under the

1-21     judgment.  This subsection does not authorize a sale of property in

1-22     violation of Section 52, Article III, Texas Constitution."

1-23           (2)  In SECTION 4 of the bill (Introduced version page 3,

1-24     line 25), strike Subsection (a) and reletter Subsections (b) and

1-25     (c) accordingly.

1-26           (3)  In SECTION 5 of the bill (Introduced version page 3,

1-27     line 43), between "suspended" and "." insert ", and that this Act

1-28     take effect and be in force from and after its passage, and it is

1-29     so enacted"

1-30     COMMITTEE AMENDMENT NO. 2                              By:  Shapiro

1-31     Amend S.B. No. 1249 as follows:

1-32           (1)  At page 2 of S.B. No. 1249 insert on line 21 after the

1-33     word "period" the following:  "and until the commencement of an

1-34     action challenging the validity of the tax sale"

1-35           (2)  At page 3 of S.B. No. 1249 insert on line 16 "(a)" after

1-36     the period following the word "SALE"

1-37           (3)  At page 3 of S.B. No. 1249 insert after line 24 and

1-38     before line 25 (at end of SECTION 3) the following language:

1-39           "(b)  A person may not commence an action challenging the

1-40     validity of a tax sale after the time set forth in Section

1-41     33.54(a)(1) or (2), as applicable to the property, against a

1-42     subsequent purchaser for value who acquired the property in

1-43     reliance on the tax sale.  Such purchaser may conclusively presume

1-44     that the tax sale was valid and shall have full title to the

1-45     property free and clear of the right, title, and interest of any

1-46     person that arose before the tax sale, subject only to recorded

1-47     restrictive covenants and valid easements of record set forth in

1-48     Section 34.01(d) and subject to applicable rights of redemption.

1-49           (c)  If a person is not barred from bringing an action

1-50     challenging the validity of a tax sale under Subsection (b) or any

1-51     other provision of this code or applicable law, such person must

1-52     bring an action no later than two years after the cause of action

1-53     accrues to recover real property claimed by another who:  (1) pays

1-54     applicable taxes on the real property before overdue; and (2)

1-55     claims the property under a registered deed executed pursuant to

1-56     Section 34.01.  This subsection does not apply to a claim based on

1-57     a forged deed."

1-58                            A BILL TO BE ENTITLED

1-59                                   AN ACT

1-60     relating to the sale of property for delinquent ad valorem taxes.

1-61           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-62           SECTION 1.  Section 33.54, Tax Code, is amended to read as

1-63     follows:

1-64           Sec. 33.54.  LIMITATION ON ACTIONS RELATING TO PROPERTY SOLD

 2-1     FOR TAXES.  (a)  Except as provided by Subsection (b) [of this

 2-2     section], an [a cause of] action relating to the title to property

 2-3     may not be maintained against the purchaser of the property at a

 2-4     tax sale unless the action is commenced:

 2-5                 (1)  before the first anniversary of the date that

 2-6     [commences within three years after] the deed executed to the

 2-7     purchaser at the tax sale is filed of record; or

 2-8                 (2)  before the second anniversary of the date that the

 2-9     deed executed to the purchaser is filed of record, if on the date

2-10     that the suit to collect the delinquent tax was filed the property

2-11     was:

2-12                       (A)  the residence homestead of the owner; or

2-13                       (B)  land appraised or eligible to be appraised

2-14     under Subchapter C or D, Chapter 23.

2-15           (b)  If a person other than the purchaser at the tax sale or

2-16     the person's [his] successor in interest pays taxes on the property

2-17     during the applicable limitations period [three years following the

2-18     date the deed is filed] and that person was not served citation in

2-19     the suit to foreclose the tax lien, that [the three-year]

2-20     limitations period does not apply to that person.

2-21           (c)  When actions are barred by this section, the purchaser

2-22     at the tax sale or the purchaser's [his] successor in interest has

2-23     [shall be held to have] full title to the property, precluding all

2-24     other claims.

2-25           SECTION 2.  Section 34.05, Tax Code, is amended by amending

2-26     Subsections (b), (c), and (d), and adding Subsection (h) to read as

2-27     follows:

2-28           (b)  Property [Unless the property is] sold pursuant to

2-29     Subsections (c) and (d) of this section[, it] may [not] be sold for

2-30     any [less than the market value specified in the judgment of

2-31     foreclosure or the total] amount [of the judgments against the

2-32     property, whichever is less, without the consent of each taxing

2-33     unit entitled to receive proceeds of the sale under the judgment.

2-34     Joinder of the taxing units in the conveyance of the property

2-35     constitutes consent.  The presiding officer of the governing body

2-36     of a taxing unit may consent in behalf of the taxing unit]. This

2-37     subsection does not authorize a sale of property in violation of

2-38     Section 52, Article III, Texas Constitution.

2-39           (c)  The taxing unit purchasing the property by resolution of

2-40     its governing body may request the sheriff to sell the property at

2-41     a public sale. If the purchasing taxing unit has not sold the

2-42     property within six months after the date on which the owner's

2-43     right of redemption terminates, any taxing unit that is entitled to

2-44     receive proceeds of the sale by resolution of its governing body

2-45     may request the sheriff in writing to sell the property at a public

2-46     sale.  On receipt of a request made under this subsection, the

2-47     sheriff shall sell the property as provided by Subsection (d) of

2-48     this section, unless the property is sold pursuant to Subsection

2-49     (h) of this section before the date set for the public sale.

2-50           (d)  Except as provided by this subsection, all public sales

2-51     requested as provided by Subsection (c) of this section shall be

2-52     conducted in the manner prescribed by the Rules of Civil Procedure

2-53     for the sale of property under execution.  The notice of the sale

2-54     must contain a description of the property to be sold, which must

2-55     be a legal description in the case of real property, the number and

2-56     style of the suit under which the property was sold at the tax

2-57     foreclosure sale, and the date of the tax foreclosure sale.  [The

2-58     officer conducting the sale shall reject any bid for the property

2-59     if it is his judgment that the amount bid is insufficient.  If all

2-60     bids are insufficient, the property shall be readvertised and

2-61     offered for sale again.]  The acceptance of a bid by the officer

2-62     conducting the sale is conclusive and binding on the question of

2-63     its sufficiency.  An action to set aside the sale on the grounds

2-64     that the bid is insufficient may not be sustained in court, except

2-65     that a taxing unit that participates in distribution of proceeds of

2-66     the sale may file an action within one year after the date of the

2-67     sale to set aside the sale on the grounds of fraud or collusion

2-68     between the officer making the sale and the purchaser.

2-69           (h)  In lieu of a sale pursuant to Subsections (c) and (d) of

 3-1     this section, the taxing unit that purchased the property may sell

 3-2     the property at a private sale.  Consent of each taxing unit

 3-3     entitled to receive proceeds of the sale under the judgment is not

 3-4     required.  Property sold under this subsection may not be sold for

 3-5     an amount that is less than the lesser of:

 3-6                 (1)  the market value specified in the judgment of

 3-7     foreclosure; or

 3-8                 (2)  the total amount of the judgments against the

 3-9     property.

3-10           SECTION 3.  Subchapter A, Chapter 34, Tax Code, is amended by

3-11     adding Section 34.08 to read as follows:

3-12           Sec. 34.08.  CHALLENGE TO VALIDITY OF TAX SALE.  A person may

3-13     not commence an action that challenges the validity of a tax sale

3-14     under this chapter unless the person:

3-15                 (1)  deposits into the registry of the court an amount

3-16     equal to the amount of the delinquent taxes, penalties, and

3-17     interest specified in the judgment of foreclosure obtained against

3-18     the property plus all costs of the tax sale; or

3-19                 (2)  files an affidavit of inability to pay under Rule

3-20     145, Texas Rules of Civil Procedure.

3-21           SECTION 4.  (a)  This Act takes effect September 1, 1998.

3-22           (b)  The changes in law made by Sections 1 and 3 of this Act

3-23     apply only to an action that relates to the title to property sold

3-24     for taxes or challenges the validity of a tax sale and that is

3-25     commenced on or after September 1, 1998.  An action commenced

3-26     before September 1, 1998, is covered by the law in effect when the

3-27     property was sold, and the former law is continued in effect for

3-28     that purpose.

3-29           (c)  The changes in law made by Section 2 of this Act apply

3-30     only to the resale of property by a taxing unit on or after

3-31     September 1, 1998.  The resale of property by a taxing unit before

3-32     September 1, 1998, is covered by the law in effect when the

3-33     property was resold, and the former law is continued in effect for

3-34     that purpose.

3-35           SECTION 5.  The importance of this legislation and the

3-36     crowded condition of the calendars in both houses create an

3-37     emergency and an imperative public necessity that the

3-38     constitutional rule requiring bills to be read on three several

3-39     days in each house be suspended, and this rule is hereby suspended.

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