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.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 953 passed the Senate on
         April 8, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 953 passed the House on
         May 22, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor