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