By: Luna S.B. No. 953 A BILL TO BE ENTITLED AN ACT 1-1 relating to vacating a judgment in a delinquent tax suit. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Subchapter C, Chapter 33, Tax Code, is amended by 1-4 adding Section 33.56 to read as follows: 1-5 Sec. 33.56. VACATION OF JUDGMENT. (a) If, in a suit to 1-6 collect a delinquent tax, a court renders a judgment for 1-7 foreclosure of a tax lien on behalf of a taxing unit, the taxing 1-8 unit may file a petition to vacate the judgment for: 1-9 (1) failure to join a person needed for just 1-10 adjudication under the Texas Rules of Civil Procedure, including a 1-11 taxing unit required to be joined under Section 33.44(a); 1-12 (2) failure to serve a person needed for just 1-13 adjudication under the Texas Rules of Civil Procedure, including a 1-14 taxing unit required to be joined under Section 33.44(a); or 1-15 (3) failure of the judgment to adequately describe the 1-16 property that is the subject of the suit. 1-17 (b) The taxing unit must file the petition under the same 1-18 cause number as the delinquent tax suit and in the same court. 1-19 (c) The taxing unit may not file a petition if a tax sale of 1-20 the property has occurred unless: 1-21 (1) the tax sale has been vacated by an order of a 1-22 court; or 1-23 (2) the property was sold to the taxing unit under 1-24 Section 34.01(c) and has not been resold. 2-1 (d) A copy of the petition must be served on each party to 2-2 the delinquent tax suit. 2-3 (e) If the court grants the petition, the judgment is 2-4 vacated and the delinquent tax suit is revived. 2-5 SECTION 2. This Act takes effect immediately and applies to 2-6 a judgment for foreclosure of a tax lien rendered before, on, or 2-7 after the effective date of this Act. 2-8 SECTION 3. The importance of this legislation and the 2-9 crowded condition of the calendars in both houses create an 2-10 emergency and an imperative public necessity that the 2-11 constitutional rule requiring bills to be read on three several 2-12 days in each house be suspended, and this rule is hereby suspended, 2-13 and that this Act take effect and be in force from and after its 2-14 passage, and it is so enacted.