1-1     By:  Madla                                             S.B. No. 337
 1-2           (In the Senate - Filed February 1, 1999; February 3, 1999,
 1-3     read first time and referred to Committee on Intergovernmental
 1-4     Relations; February 25, 1999, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 5, Nays 0;
 1-6     February 25, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 337                    By:  Madla
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the distribution of the proceeds from a property tax
1-11     sale.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subsections (a) and (b), Section 34.03, Tax Code,
1-14     are amended to read as follows:
1-15           (a)  The clerk of the court shall:
1-16                 (1)  if the amount of excess proceeds is more than $25,
1-17     before the 31st day after the date the excess proceeds are received
1-18     by the clerk, send by certified mail, return receipt requested, a
1-19     written notice to the former owner of the property, at the former
1-20     owner's last known address according to the records of the court or
1-21     any other source reasonably available to the court, that:
1-22                       (A)  states the amount of the excess proceeds;
1-23                       (B)  informs the former owner of that owner's
1-24     rights to claim the excess proceeds under Section 34.04; and
1-25                       (C)  includes a copy or the complete text of this
1-26     section and Section 34.04; and
1-27                 (2)  regardless of the amount, keep the excess proceeds
1-28     paid into court as provided by [Subsection (c) of] Section 34.02(c)
1-29     [34.02 of this code] for a period of two [seven] years after the
1-30     date of the sale unless otherwise ordered by the court.
1-31           (b)  If no claimant establishes entitlement to the proceeds
1-32     within the period provided by Subsection (a) [seven years], the
1-33     clerk shall distribute the excess proceeds to each taxing unit
1-34     participating in the sale in an amount equal to the proportion its
1-35     taxes, penalties, and interests bear to the total amount of taxes,
1-36     penalties, and interest due all participants in the sale.
1-37           SECTION 2.  Subsection (a) and (d), Section 34.04, Tax Code,
1-38     are amended to read as follows:
1-39           (a)  A person may file a petition in the court that ordered
1-40     the sale setting forth a claim to the excess proceeds within two
1-41     [seven] years from the date of the sale of the property.
1-42           (d)  A claim for the excess proceeds may not be filed after
1-43     the expiration of the period provided by Subsection (a) [seven
1-44     years] from the date the property is sold.
1-45           SECTION 3.  (a)  This Act takes effect September 1, 1999.
1-46           (b)  The change in law made by this Act applies to the
1-47     disposition of excess proceeds of a property tax foreclosure sale
1-48     paid into court regardless of the date on which the foreclosure
1-49     sale occurred or the date on which the proceeds were paid into the
1-50     court.  If on the effective date of this Act the clerk of a court
1-51     is retaining excess proceeds, the clerk shall mail the notice
1-52     required by Subsection (a), Section 34.03, Tax Code, as amended by
1-53     this Act, as soon as practicable after the effective date of this
1-54     Act.  The clerk may not distribute those proceeds as provided by
1-55     Subsection (b), Section 34.03, Tax Code, as amended by this Act,
1-56     before the second anniversary of the date the notice is mailed.  A
1-57     claim for the proceeds made on or before that second anniversary is
1-58     considered to have been made within the period provided by
1-59     Subsection (b), Section 34.03, Tax Code, as amended by this Act.
1-60           SECTION 4.  The importance of this legislation and the
1-61     crowded condition of the calendars in both houses create an
1-62     emergency and an imperative public necessity that the
1-63     constitutional rule requiring bills to be read on three several
1-64     days in each house be suspended, and this rule is hereby suspended.
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