HBA-ALS H.B. 1563 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1563
By: Bosse
Land & Resource Management
3/9/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, a plat, replat, vacation of a plat, or amendment of a
plat on a parcel of real property can be approved by a municipality or a
commissioners court even if there are delinquent ad valorem taxes owed on
the property.  The purpose of this bill is to prevent the subdivision of a
plat of property until all delinquent property taxes have been paid. 

H.B. 1563 prohibits a municipal authority or commissioners court of a
county from approving a plat, replat, vacation of a plat, or amendment of a
plat of real property unless the person requesting approval provides a tax
certificate from each taxing unit which shows there are no delinquent ad
valorem taxes owed on that property.  This provision does not apply if more
than one person inherits an undivided interest in real property and the
request to subdivide is for the purpose of providing each of those persons
with a divided interest in and separate title to the property. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter Z, Chapter 212, Local Government Code, by
adding 212.905, as follows: 

Sec.  212.905.  TAX CERTIFICATES REQUIRED.  Prohibits a municipal authority
from approving a plat, replat, vacation of a plat, or amendment of a plat
of real property under this chapter unless the person who requests the
approval submits an original tax certificate from each taxing unit with
jurisdiction of the property showing that the real property has no
delinquent ad valorem taxes.  Provides that this section does not apply in
a case in which more than one person acquired an undivided interest in the
real property under a will or by inheritance and those persons request
approval to subdivide the property in order to provide each person with a
divided interest and a separate title to the property. 

SECTION 2.  Amends Chapter 232, Local Government Code, by adding Subchapter
Z, as follows: 

SUBCHAPTER Z. MISCELLANEOUS

Sec. 232.901.  TAX CERTIFICATES REQUIRED.  Prohibits the commissioners
court of a county from approving a plat, replat, vacation of a plat, or
amendment of a plat of real property under this chapter unless the person
who requests the approval submits an original tax certificate from each
taxing unit with jurisdiction of the property showing that the real
property has no delinquent ad valorem taxes.  Provides that this section
does not apply in a case in which more than one person acquired an
undivided interest in the real property under a will or by inheritance and
those persons request approval to subdivide the property in order to
provide each person with a divided interest and a separate title to the
property.   

SECTION 3.(a) Effective date: September 1, 1999.

 (b) Makes application of this Act prospective.

  (c) Makes application of this Act prospective.

SECTION 4.Emergency clause.