By Staples                                            H.B. No. 2963
         76R1656 JSA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the time for bringing an action relating to the title
 1-3     of property acquired at a delinquent ad valorem tax sale.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 33.54(a), Tax Code, is amended to read as
 1-6     follows:
 1-7           (a)  Except as provided by Subsection (b), an action relating
 1-8     to the title to property may not be maintained against the
 1-9     purchaser of the property at a tax sale unless the action is
1-10     commenced[:]
1-11                 [(1)]  before the first anniversary of the date that
1-12     the deed executed to the purchaser at the tax sale is filed of
1-13     record[; or]
1-14                 [(2)  before the second anniversary of the date that
1-15     the deed executed to the purchaser is filed of record, if on the
1-16     date that the suit to collect the delinquent tax was filed the
1-17     property was:]
1-18                       [(A)  the residence homestead of the owner; or]
1-19                       [(B)  land appraised or eligible to be appraised
1-20     under Subchapter C or D, Chapter 23].
1-21           SECTION 2.  Section 34.08, Tax Code, as amended by Chapters
1-22     1136 and 1192, Acts of the 75th Legislature, 1997, is amended to
1-23     read as follows:
1-24           Sec. 34.08.  CHALLENGE TO VALIDITY OF TAX SALE.  (a)  A
 2-1     person may not commence an action that challenges the validity of a
 2-2     tax sale under this chapter unless the person:
 2-3                 (1)  deposits into the registry of the court an amount
 2-4     equal to the amount of the delinquent taxes, penalties, and
 2-5     interest specified in the judgment of foreclosure obtained against
 2-6     the property plus all costs of the tax sale; or
 2-7                 (2)  files an affidavit of inability to pay under Rule
 2-8     145, Texas Rules of Civil Procedure.
 2-9           (b)  A person may not commence an action challenging the
2-10     validity of a tax sale after the time set forth in Section 33.54(a)
2-11     [33.54(a)(1) or (2), as applicable to the property,] against a
2-12     subsequent purchaser for value who acquired the property in
2-13     reliance on the tax sale.  The purchaser may conclusively presume
2-14     that the tax sale was valid and shall have full title to the
2-15     property free and clear of the right, title, and interest of any
2-16     person that arose before the tax sale, subject only to recorded
2-17     restrictive covenants and valid easements of record set forth in
2-18     Section 34.01(d) and subject to applicable rights of redemption.
2-19           (c)  If a person is not barred from bringing an action
2-20     challenging the validity of a tax sale under Subsection (b) or any
2-21     other provision of this title or applicable law, the person must
2-22     bring an action no later than one year [two years] after the cause
2-23     of action accrues to recover real property claimed by another who:
2-24                 (1)  pays applicable taxes on the real property before
2-25     overdue; and
2-26                 (2)  claims the property under a registered deed
2-27     executed pursuant to Section 34.01.
 3-1           (d)  Subsection (c) does not apply to a claim based on a
 3-2     forged deed.
 3-3           SECTION 3.  (a)  This Act takes effect September 1, 1999.
 3-4           (b)  The changes in law made by this Act apply only to an
 3-5     action that relates to the title to property sold for taxes or
 3-6     challenges the validity of a tax sale and that is commenced on or
 3-7     after the effective date of this Act.  An action commenced before
 3-8     the effective date of this Act is covered by the law in effect when
 3-9     the property was sold, and the former law is continued in effect
3-10     for that purpose.
3-11           SECTION 4.  The importance of this legislation and the
3-12     crowded condition of the calendars in both houses create an
3-13     emergency and an imperative public necessity that the
3-14     constitutional rule requiring bills to be read on three several
3-15     days in each house be suspended, and this rule is hereby suspended.