1-1 By: Luna S.B. No. 953 1-2 (In the Senate - Filed March 5, 1999; March 8, 1999, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 March 25, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 5, Nays 0; March 25, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 953 By: Luna 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to vacating a judgment in a delinquent tax suit. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subchapter C, Chapter 33, Tax Code, is amended by 1-13 adding Section 33.56 to read as follows: 1-14 Sec. 33.56. VACATION OF JUDGMENT. (a) If, in a suit to 1-15 collect a delinquent tax, a court renders a judgment for 1-16 foreclosure of a tax lien on behalf of a taxing unit, the taxing 1-17 unit may file a petition to vacate the judgment for: 1-18 (1) failure to join a person needed for just 1-19 adjudication under the Texas Rules of Civil Procedure, including a 1-20 taxing unit required to be joined under Section 33.44(a); 1-21 (2) failure to serve a person needed for just 1-22 adjudication under the Texas Rules of Civil Procedure, including a 1-23 taxing unit required to be joined under Section 33.44(a); or 1-24 (3) failure of the judgment to adequately describe the 1-25 property that is the subject of the suit. 1-26 (b) The taxing unit must file the petition under the same 1-27 cause number as the delinquent tax suit and in the same court. 1-28 (c) The taxing unit may not file a petition if a tax sale of 1-29 the property has occurred unless: 1-30 (1) the tax sale has been vacated by an order of a 1-31 court; or 1-32 (2) the property was sold to the taxing unit under 1-33 Section 34.01(c) and has not been resold. 1-34 (d) A copy of the petition must be served on each party to 1-35 the delinquent tax suit. 1-36 (e) If the court grants the petition, the judgment is 1-37 vacated and the delinquent tax suit is revived. 1-38 SECTION 2. This Act takes effect immediately and applies to 1-39 a judgment for foreclosure of a tax lien rendered before, on, or 1-40 after the effective date of this Act. 1-41 SECTION 3. The importance of this legislation and the 1-42 crowded condition of the calendars in both houses create an 1-43 emergency and an imperative public necessity that the 1-44 constitutional rule requiring bills to be read on three several 1-45 days in each house be suspended, and this rule is hereby suspended, 1-46 and that this Act take effect and be in force from and after its 1-47 passage, and it is so enacted. 1-48 * * * * *