SRC-JEC H.B. 490 77(R)    BILL ANALYSIS


Senate Research CenterH.B. 490
By: Heflin (Brown, J. E. "Buster")
Intergovernmental Relations
4/27/2001
Engrossed


DIGEST AND PURPOSE 

Currently, procedural and technical corrections are necessary for
provisions within the Texas Property Tax Code regarding multiple appraisals
of a property; notices of delinquency; penalties and interest on deferred
taxes; additional penalty on delinquent taxes against property that escaped
taxation in previous years; definitions of personal property subject to
seizure; notices of sale of seized personal property and real property;
excess proceeds of tax sales; costs and expenses incurred in delinquent tax
suits; post judgment taxes; vacating void tax judgments and tax sales;
costs of tax sale; remedies of purchaser at void tax sale; redemptions; and
reenactment of duplicate or overlapping provisions.  H.B. 490 clarifies
these provisions and deletes outdated provisions of the Property Tax Code. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 25.25(b) and (c), Tax Code, to authorize the
chief appraiser to change the appraisal roll at any time to correct a name
or address, a determination of ownership, a description of property,
multiple appraisals of property, or a clerical error or other inaccuracy as
prescribed by board rule that does not increase the amount of tax
liability.  Authorizes the appraisal review board, on motion of the chief
appraiser or of a property owner, to direct by written order changes in the
appraisal roll to correct:  certain errors if the board orders the change
for such corrections before the end of five years after January 1 of the
tax year for which the correction is sought, and multiple appraisals of a
property at any time.  Makes conforming changes. 

SECTION 2.  Amends Sections 33.06(a), (d), and (e), Tax Code, as follows:

  (a) Makes nonsubstantive changes.

(d) Provides that a tax lien remains on the property and interest continues
to accrue during the period collection of taxes is deferred or abated under
this section.  Makes conforming changes.  Provides that all interest and
penalties that accrued or were incurred or imposed under Sections 33.01 and
33.07 prior to the filing of an affidavit for deferral or prior to the date
on which a judgment or order of abatement is entered are preserved.
Provides that a penalty is not incurred under Section 33.01 during a
deferral or abatement period and deletes text concerning the prohibition
against imposing penalties.  Authorizes the additional penalty under
Section 33.07 to be imposed during the deferral or abatement period.
Authorizes the additional penalty to be collected only under certain
conditions. 

  (e) Makes a conforming change.

SECTION 3.  Amends Section 33.065(g), Tax Code, to make conforming changes.
 
SECTION 4.  Amends Section 33.08(b), Tax Code, to authorize the governing
body of the taxing unit or appraisal district, in the manner required by
law for official action, to provide that taxes that become delinquent on or
after June 1 under Section 26.15(e) incur an additional penalty to defray
costs of collection. 

SECTION 5.  Amends Section 33.21, Tax Code, by adding Subsection (d), to
define "personal property." 

SECTION 6.  Amends Section 33.23(c), Tax Code, by amending Subsection (c)
and adding Subsections (d) and (e), as follows:   

(c) Requires the collector or the peace officer, after a tax warrant is
issued, to take possession of the property pending its sale.  Authorizes
the property to be secured by the collector and the peace officer at the
premises where it is seized pending its sale, or, alternatively, to be
removed by the collector or peace officer to another location.   

(d)  Provides that a person who possesses personal property owned by the
person against whom a tax warrant is issued and who surrenders the property
on demand is not liable to any person for the surrender.  Requires the
collector, at the time of surrender, to provide the person surrendering the
property a sworn receipt describing the property surrendered.   

(e) Provides that Subsection (d) does not create an obligation on the part
of a person who surrenders property owned by the person against whom a tax
warrant is issued that exceeds or materially differs from that person's
obligation to the person against whom the tax warrant is issued. 

SECTION 7.  Amends Section 33.25, Tax Code, by amending Subsection (a) and
adding Subsection (c), as follows: 

(a) Requires the collector, except as provided by Subsection (c), to make a
reasonable inquiry after a seizure of personal property in order to
determine the identity and ascertain the address of any person having an
interest in the property other than the person against whom the tax warrant
is issued.  Makes conforming changes.  Requires notice of sale to be
delivered in a manner authorized by Rule 21a, Texas Rules of Civil
Procedure. 

(c) Requires the collector, after a seizure of personal property defined by
Sections 33.21(d)(2)-(5), to apply the seized property toward the payment
of the taxes, penalties, and interest included in the application for
warrant and all costs of the seizure. 

SECTION 8.  Amends Section 33.42(c), Tax Code,  to prohibit the taxing
unit, if a tax required by this section to be included in a suit is omitted
from the judgement in the suit, from enforcing the collection of the tax at
a later time, except as provided by Section 34.04(c)(2). 

SECTION 9.  Amends Section 33.43(a), Tax Code, to provide that a petition
initiating a suit to collect a delinquent property tax is sufficient if it
alleges that the taxing unit is entitled to recover each penalty that is
incurred and all interest that accrues on delinquent taxes imposed on the
property from the date of the judgment to the date of the sale under
Section 253.010, Local Government Code (redesignated later in the bill from
Section 34.015, Tax Code), as applicable, if the suit seeks to foreclose a
tax lien. 

SECTION 10.  Amends Section 33.48, Tax Code, as follows:

(a) Provides that, in addition to other costs authorized by law, a taxing
unit is entitled to recover certain stated costs and expenses in a suit to
collect a delinquent tax. 

 (b) Provides that an expense described by Subsection (a)(4) is a charge
against the property and secured by lien, regardless of whether a suit is
pending, if taxes on that property were delinquent at the time the item of
expense was incurred.  Provides that, in an action brought by a taxing unit
for the sole purpose of enforcing its lien for expenses incurred under
Subsection (a)(4), the defendant may allege as an affirmative defense that
the amount of those expenses is unreasonable. 

SECTION 11.  Amends Section 33.49(a), Tax Code, to provide that, except as
provided by Subsection (b), a taxing unit is not liable in a suit to
collect taxes for court costs, including an attorney ad litem, and is
prohibited from being required to post security for the costs. 

SECTION 12.  Amends Section 33.52(d), Tax Code, to provide that, except as
provided by Section 34.01(1), a taxing unit's claim for taxes that become
delinquent after the date of the judgment is not affected by the entry of
the judgment or a tax sale conducted under that judgment, and those taxes
may be collected by any remedy provided by this title. 

SECTION 13.  Amends Section 33.56, Tax Code, to authorize any taxing unit
that was party to the judgment, if, in a suit to collect a delinquent tax,
a court renders a judgment for a foreclosure of a tax lien on behalf of a
taxing unit, to file a petition to vacate the judgment on certain stated
grounds. Prohibits the taxing unit from filing a petition if a tax sale of
the property has occurred unless certain requirements are met.  Sets forth
method by which consent of the purchaser to a petition may be shown.
Requires a copy of the petition to be served, in a manner authorized by
Rule 21a, Texas Rules of Civil Procedure, on each party to the delinquent
tax suit.  Requires the court, if it grants the petition, to enter an order
making certain stated provisions.   

SECTION 14.  Amends Sections 34.01 (b), (l), (m), (o), (p), and (r), Tax
Code, as follows: 

(b)  Provides that costs of the sale include the costs of advertising, an
amount not to exceed $40 incurred in any physical inspection of the
property, and deed recording fees anticipated to be paid in connection with
the sale of the property.  Authorizes the collector of any taxing unit that
is party to the judgment, in order to assist the officer in making the
calculation, to provide the officer with a certified tax statement showing
the amount of the taxes included in the judgment that remain due that
taxing unit, and all penalties, interest and attorney's fees provided by
the judgment as of the date of the proposed sale.  Provides that a
certified tax statement given under this subsection need not be sworn and
is sufficient so long as it is signed by the tax collector or the
collector's deputy. 

(l)  Provides that all of a taxing unit's existing liens of any character
that are not included and foreclosed in a tax foreclosure judgment or that
attach to the foreclosed property after the date the judgment is signed are
extinguished as to that property, and the taxes or other claims secured by
those liens are canceled and barred, given certain conditions.  Deletes
text authorizing a taxing unit that established a tax lien in the suit to
continue to enforce collection of any amount for which a former owner of
the property is liable to the taxing unit. 

(m) Requires the officer, if the taxing unit prepares the deed, to execute
that deed. Requires the officer, as soon as practicable after a deed is
executed by the officer, to either file the deed for recording with the
county clerk or deliver the executed deed to the taxing unit that requested
the order of sale. 

(o) Authorizes the officer making the sale, if a bid sufficient to pay the
lesser of the amounts specified under Subsection (p) is not received, to
bid off property seized under Chapter 33E (Seizure of Real Property) to a
person described by Section 11.181 or 11.20 for that amount or the market
value of the property.  Deletes text referring to  Subsection (j) and to
the tax warrant amount.  Provides that the acceptance of a bid by the
officer under this subsection is conclusive and binding on the question of
its sufficiency.  Prohibits an action to set aside the sale on the grounds
that the bid is insufficient from being sustained, except that a taxing
unit that participates in distribution of proceeds of the sale is
authorized to file an action before the first anniversary of the date of
the sale to set aside the sale on the grounds of fraud or collusion between
the officer making the sale and the purchaser. 

(p) Prohibits, except as provided by Subsection (o), property seized under
Chapter 33E from being sold for an amount that is less than the lesser of
the market value of the property as specified in the warrant or the total
amount of taxes, penalties, interest, costs, and other claims for which the
warrant was issued.  Requires the officer making the sale, if a sufficient
bid is not received by the officer, to bid off the property to a taxing
unit in the manner specified by Subsection (j) and subject to the other
provisions of that subsection.  Provides that a taxing unit that takes
title to property under this subsection takes title for the use and benefit
of that taxing unit and all other taxing units that established tax liens
in the suit or that, on the date of the seizure, were owed delinquent taxes
on the property. 

(r) Authorizes the commissioners court to designate the area in the county
courthouse where sales under this section are to take place and requires
the court to record any designated area in the real property records of the
county.  Requires a sale to occur in the designated area if there is a
designated area.  If no area is designated by the commissioners court, the
sale is required to occur in the same area in the courthouse that is
designated by the commissioners court of the county for the sale of real
property under Section 51.002 (Sale of Real Property Under Contract Lien),
Property Code. 

SECTION 15. Amends Section 34.04(c), Tax Code, to require the court, at the
hearing, to order that the proceeds be paid according to certain stated
priorities to each party that establishes its claim to the proceeds.   

SECTION 16.  Amends Section 34.05(d) and (e), Tax Code, as follows:

(d) Provides that the description of the property in the notice is
sufficient if it is stated in the manner provided by Section 34.01(f).
Requires the officer to execute a deed if the taxing unit prepares the
deed.  Requires the officer, as soon as is practicable after a deed is
executed by the officer, to either file the deed or deliver the executed
deed. Deletes text regarding a legal description and the execution of a
deed. 
  
(e) Requires the presiding officer of a taxing unit selling real property
under Subsection (h) or (i), under Section 34.051, or under Section
253.010, Local Government Code, or the sheriff or constable selling real
property under Subsections (c) and (d), to execute a deed to the property
conveying to the purchaser the right, title, and interest acquired or held
by each taxing unit that was a party to the judgment foreclosing tax liens
on the property. 

SECTION 17. Amends Section 34.051(b), Tax Code, to authorize any taxing
unit to enter into an interlocal agreement with the municipality for the
resale of tax foreclosed properties to be used for a purpose consistent
with the municipality's urban redevelopment plans or affordable housing
policy. Makes conforming changes. 

SECTION 18.  Amends Section 34.07, Tax Code, by amending Subsection (d) and
adding Subsection (f), as follows: 

(d) Authorizes a purchaser at a void tax sale or tax resale, in lieu of
pursuing the  subrogation rights provided by this section to which a
purchaser is subrogated, to elect to file an action against the taxing
units to which proceeds of the sale were distributed to recover an amount
from each taxing unit equal to the distribution of taxes, penalties,
interest, and attorney's fees it received.  Deletes text referring to the
amount paid at the sale.  Authorizes the purchaser, in a suit filed under
this subsection, to include a claim for, and provides that the purchaser is
entitled to recover, any excess proceeds of the sale that remain on deposit
in the registry of the court or, alternatively, have judgment against any
party to whom the excess proceeds have been distributed.  Provides that
this subsection applies only to an original purchaser at a tax sale or
resale and who has not subsequently sold the property to another person. 

(f) Prohibits a suit against the taxing units under Subsection (d) from
being maintained unless the action is instituted before the first
anniversary of the date of sale or resale. Defines the "date of sale" and
"date of resale." 

SECTION 19.  Amends Section 34.21(b), Tax Code, to provide that if property
that was used as the owner's residence homestead or was land designated for
agricultural use when the suit or the application for the warrant was filed
is bid off to a taxing unit under Section 34.01(j) or (p) and has not been
resold by the taxing unit, the owner having a right of redemption is
authorized to redeem the property on or before the second anniversary of
the date on which the deed of the taxing unit is filed for record by paying
the taxing unit a certain stated amount. 

SECTION 20.  Amends Section 42.02, Tax Code, to provide that the chief
appraiser, on written approval of the local appraisal district board of
directors, is entitled to appeal an order of the appraisal review board
determining certain protests and filed motions.   

SECTION 21.  Redesignates Section 34.015, Tax Code, as amended by Chapters
181 and 817, Acts of the 76th Legislature, Regular Session, 1999, as
Section 253.010, Local Government Code, and amends it to conform to the
changes made by those chapters, as follows: 

Sec. 253.010.  SALE OF REAL PROPERTY TO CERTAIN NONPROFIT OR RELIGIOUS
ORGANIZATIONS.  (a) Authorizes the governing body of a municipality,
notwithstanding any other provision of law, to provide for the manner in
which any land acquired by the municipality may be sold if the land is sold
to certain nonprofit or religious corporations and organizations. 

(b) Authorizes a municipality operating under this section by ordinance to
determine the individuals and families who qualify as low-income
individuals and families under Subsection (a)(1) or (2).  Requires the
municipality, in adopting an ordinance under this subsection, to consider
median income of individuals and median family income in the area. 

Deletes text regarding an alternate manner of sale.

SECTION 22.  Repealer:   Section 33.04 (Notice of Delinquency), Tax Code.

SECTION 23.  Effective date:  September 1, 2001.

SECTION 24.  Provides that the repeal of Section 33.04, Tax Code, by this
Act does not apply to taxes subject to a delinquent tax suit pending before
the effective date of this Act.  Provides that the repeal of Section 33.04,
Tax Code, by this Act applies to all other taxes that became delinquent
before the effective date of this Act or that become delinquent on or after
that date.  Provides that penalties and interest on a delinquent tax are
not canceled under Section 33.04, Tax Code, for failure to deliver any
notice under that section as it existed immediately before the effective
date of this Act.  Provides that a delinquent tax that is the subject of a
collection suit filed before the effective date of this Act is  governed by
Section 33.04, Tax Code, as that section existed immediately before the
effective date of this Act, and the former law is continued in effect for
that purpose. 

SECTION 25.  Provides that Sections 33.06 and 33.065, Tax Code, as amended
by this Act, apply to penalties and interest that accrued on a delinquent
tax before September 1, 2001, or that accrue on or after that date,
regardless of whether the deferral or abatement period under the applicable
section of that code began before September 1, 2001, or begins on or after
that date. 

SECTION 26.  Provides that Sections 33.21, 33.23, and 33.25, Tax Code, as
amended by this Act, apply only to a case in which an application for a tax
warrant under Chapter 33B, Tax Code, is filed on or after September 1,
2001.   Provides that a case in which the application for a tax warrant was
filed under that subchapter before September 1, 2001, is governed by the
law in effect on the date the application for the tax warrant was filed,
and the former law is continued in effect for that purpose. 

SECTION 27.  Provides that Sections 33.42 and 34.04, Tax Code, as amended
by this Act, apply to the disposition of excess proceeds from a property
tax foreclosure or a summary  sale of seized property, regardless of the
date on which the judgment was rendered,  the tax sale was conducted, or
the deposit of proceeds with the court was made. 

SECTION 28.  Provides that Sections 33.48 and 33.49, Tax Code, as amended
by this Act, apply to a suit that was filed before September 1, 2001, or
that is filed on or after that date, and to a judgment on the merits that
is entered on or after that date. 

SECTION 29.  Provides that Section 33.56, Tax Code, as amended by this Act,
applies to a tax foreclosure judgment that was rendered before September 1,
2001, or that is rendered on or after that date. 

SECTION 30. (a) Provides that Sections 34.01(b), (m), (o), (p), and (r),
Tax Code, as amended by this Act, apply to each tax sale that is conducted
on or after September 1, 2001, regardless of whether the judgment on which
the sale is based was entered before, on, or after that date. 

(b)  Provides that Section 34.01(l), Tax Code, as amended by this Act,
applies only to taxes and claims, or a lien securing those taxes or claims,
that remain unpaid on or after September 1, 2001, and that are canceled or
extinguished under that section, as amended by this Act, regardless of the
date on which the tax sale was conducted. 

(c)  Provides that, for purposes of this section, the date on which a tax
sale was conducted is considered to be the first Tuesday of the month in
which the public auction sale occurs. 

SECTION 31. (a) Provides that Section 34.05, Tax Code, as amended by this
Act, applies to a resale of property that is conducted on or after
September 1, 2001, regardless of whether the judgment was signed before
that date or is signed on or after that date. 

(b)  Provides that, for purposes of this section, the date on which a
resale is conducted is considered to be: 

  (1)  the date on which a public sale occurs under Section 34.05(c), Tax
Code; or 

(2)  for a sale under Section 34.051 or 34.05(h) or (i), Tax Code, or under
Section 253.010, Local Government Code, as added by this Act, the date on
which the grantor's acknowledgment was taken or, if multiple grantors, the
latest date of acknowledgment of those grantors. 

SECTION 32.  Provides that Section 34.07, Tax Code, as amended by this Act,
applies to a suit by the purchaser at a void tax sale or tax resale filed
on or after September 1, 2001, regardless of the date  of the tax sale or
tax resale.  Provides that a suit filed by a purchaser before September 1,
2001, is governed by Section 34.07, Tax Code, as that law existed
immediately before that date, and the former law is continued in effect for
that purpose. 

SECTION 33. Provides that Section 34.21, Tax Code, as amended by this Act,
applies to a redemption of property sold for taxes under a judgment
rendered or tax warrant that was issued before September 1, 2001, or that
is rendered or issued on or after that date.