1-1     By:  Heflin (Senate Sponsor - Brown)                   H.B. No. 490
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 7, 2001, reported adversely, with
 1-5     favorable Committee Substitute by the following vote:  Yeas 6, Nays
 1-6     0; May 7, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 490                  By:  Lindsay
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the administration and collection of ad valorem taxes.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 6.035(a), Tax Code, is amended to read as
1-13     follows:
1-14           (a)  An individual is ineligible to serve on an appraisal
1-15     district board of directors and is disqualified from employment as
1-16     chief appraiser if the individual:
1-17                 (1)  is related within the second degree by
1-18     consanguinity or affinity, as determined under Chapter 573,
1-19     Government Code, to an individual who is engaged in the business of
1-20     appraising property for compensation for use in proceedings under
1-21     this title or of representing property owners for compensation in
1-22     proceedings under this title in the appraisal district; or
1-23                 (2)  owns property on which delinquent taxes have been
1-24     owed to a taxing unit for more than 60 days after the date the
1-25     individual knew or should have known of the delinquency unless:
1-26                       (A)  the delinquent taxes and any penalties and
1-27     interest are being paid under an installment payment agreement
1-28     under Section 33.02; or
1-29                       (B)  a suit to collect the delinquent taxes is
1-30     deferred or abated under Section 33.06 or 33.065.
1-31           SECTION 2.  Section 6.24, Tax Code, is amended by amending
1-32     Subsection (b) and adding Subsection (c) to read as follows:
1-33           (b)  The commissioners court with the approval of the county
1-34     assessor-collector may contract as provided by the Interlocal
1-35     Cooperation Act with the governing body of another taxing unit in
1-36     the county or with the board of directors of the appraisal district
1-37     for the other unit or the district to perform duties relating to
1-38     the assessment or collection of taxes for the county.  If a county
1-39     contracts to have its taxes assessed and collected by another
1-40     taxing unit or by the appraisal district, except as provided by
1-41     Subsection (c), the contract shall require the other unit or the
1-42     district to assess and collect all taxes the county is required to
1-43     assess and collect.
1-44           (c)  A contract entered into under Subsection (b) may exclude
1-45     from the taxes the other unit or the district is required to assess
1-46     and collect taxes the county is required to assess and collect
1-47     under one or more of the following provisions:
1-48                 (1)  Section 23.121;
1-49                 (2)  Section 23.122;
1-50                 (3)  Section 23.124;
1-51                 (4)  Section 23.1241;
1-52                 (5)  Section 23.1242;
1-53                 (6)  Section 23.125;
1-54                 (7)  Section 23.127; or
1-55                 (8)  Section 23.128.
1-56           SECTION 3.  Section 6.41(f), Tax Code, is amended to read as
1-57     follows:
1-58           (f)  A member of the board may be removed from the board by a
1-59     majority vote of the appraisal district board of directors.
1-60     Grounds for removal are:
1-61                 (1)  a violation of Section 6.412, [or] 6.413,
1-62     41.66(f), or 41.69; or
1-63                 (2)  good cause relating to the attendance of members
1-64     at called meetings of the board as established by written policy
 2-1     adopted by a majority of the appraisal district board of directors.
 2-2           SECTION 4.  Section 6.412(a), Tax Code, is amended to read as
 2-3     follows:
 2-4           (a)  An individual is ineligible to serve on an appraisal
 2-5     review board if the individual:
 2-6                 (1)  is related within the second degree by
 2-7     consanguinity or affinity, as determined under Chapter 573,
 2-8     Government Code, to an individual who is engaged in the business of
 2-9     appraising property for compensation for use in proceedings under
2-10     this title or of representing property owners for compensation in
2-11     proceedings under this title in the appraisal district for which
2-12     the appraisal review board is established; or
2-13                 (2)  owns property on which delinquent taxes have been
2-14     owed to a taxing unit for more than 60 days after the date the
2-15     individual knew or should have known of the delinquency unless:
2-16                       (A)  the delinquent taxes and any penalties and
2-17     interest are being paid under an installment payment agreement
2-18     under Section 33.02; or
2-19                       (B)  a suit to collect the delinquent taxes is
2-20     deferred or abated under Section 33.06 or 33.065.
2-21           SECTION 5. Section 22.27(b), Tax Code, is amended to read as
2-22     follows:
2-23           (b)  Information made confidential by this section may be
2-24     disclosed:
2-25                 (1)  in a judicial or administrative proceeding
2-26     pursuant to a lawful subpoena;
2-27                 (2)  to the person who filed the statement or report or
2-28     the owner of property subject to the statement, report, or
2-29     information or to a representative of either authorized in writing
2-30     to receive the information;
2-31                 (3)  to the comptroller and the comptroller's [his]
2-32     employees authorized by the comptroller [him] in writing to receive
2-33     the information or to an assessor or a chief appraiser if requested
2-34     in writing;
2-35                 (4)  in a judicial or administrative proceeding
2-36     relating to property taxation to which the person who filed the
2-37     statement or report or the owner of the property that is a subject
2-38     of the statement, report, or information is a party;
2-39                 (5)  for statistical purposes if in a form that does
2-40     not identify specific property or a specific property owner; [or]
2-41                 (6)  if and to the extent the information is required
2-42     to be included in a public document or record that the appraisal
2-43     office is required to prepare or maintain; or
2-44                 (7)  to a taxing unit or its legal representative that
2-45     is engaged in the collection of delinquent taxes on the property
2-46     that is the subject of the information.
2-47           SECTION 6.  Section 25.25, Tax Code, is amended by amending
2-48     Subsection (b) and adding Subsections (n) and (o) to read as
2-49     follows:
2-50           (b)  The chief appraiser may change the appraisal roll at any
2-51     time to correct a name or address, a determination of ownership, a
2-52     description of property, multiple appraisals of a property, or a
2-53     clerical error or other inaccuracy as prescribed by board rule that
2-54     does not increase the amount of tax liability.  Before the 10th day
2-55     after the end of each calendar quarter, the chief appraiser shall
2-56     submit to the appraisal review board and to the board of directors
2-57     of the appraisal district a written report of each change made
2-58     under this subsection that decreases the tax liability of the owner
2-59     of the property.  The report must include:
2-60                 (1)  a description of each property; and
2-61                 (2)  the name of the owner of that property.
2-62           (n)  After a chief appraiser certifies a change under
2-63     Subsection (b) that corrects multiple appraisals of a property, the
2-64     liability of a taxing unit for a refund of taxes under Section
2-65     26.15(f), and any penalty or interest on those taxes, is limited to
2-66     taxes paid for the tax year in which the appraisal roll is changed
2-67     and the four tax years preceding that year.
2-68           (o)  The failure or refusal of a chief appraiser to change an
2-69     appraisal roll under Subsection (b) is not:
 3-1                 (1)  an action that the appraisal review board is
 3-2     authorized to determine under this section;
 3-3                 (2)  an action that may be the subject of a suit to
 3-4     compel filed under Subsection (g);
 3-5                 (3)  an action that a property owner is entitled to
 3-6     protest under Section 41.41; or
 3-7                 (4)  an action that may be appealed under Chapter 42.
 3-8           SECTION 7.  Section 26.15(f), Tax Code, is amended to read as
 3-9     follows:
3-10           (f)  If a correction decreases the tax liability of a
3-11     property owner after the owner [he] has paid the tax, the taxing
3-12     unit shall refund to the property owner the difference between the
3-13     tax paid and the tax legally due, except as provided by Section
3-14     25.25(n).
3-15           SECTION 8. Section 31.11, Tax Code, is amended by adding
3-16     Subsection (g) to read as follows:
3-17           (g)  If a taxpayer submits a payment of taxes that exceeds by
3-18     $5 or more the amount of taxes owed for a tax year to a taxing
3-19     unit, the collector for the taxing unit, without charge, shall mail
3-20     to the taxpayer or the taxpayer's representative a written notice
3-21     of the amount of the overpayment accompanied by a refund
3-22     application form.
3-23           SECTION 9. Chapter 31, Tax Code, is amended by adding Section
3-24     31.111 to read as follows:
3-25           Sec. 31.111.   REFUNDS OF DUPLICATE PAYMENTS. (a)  The
3-26     collector of a taxing unit who determines that a person erred in
3-27     making a payment of taxes because the identical taxes were paid by
3-28     another person shall refund the amount of the taxes to the person
3-29     who erred in making the payment.
3-30           (b)  A refund under Subsection (a) shall be made as soon as
3-31     practicable after the collector discovers the erroneous payment.
3-32     The refund shall be accompanied by a description of the property
3-33     subject to the taxes sufficient to identify the property.  If the
3-34     property is assigned an account number, the collector shall include
3-35     that number.
3-36           (c)  Each month, the collector shall inform the auditor of
3-37     each appropriate taxing unit of refunds of taxes made under
3-38     Subsection (a) during the preceding month.
3-39           SECTION 10. Sections 31.12(a) and (b), Tax Code, are amended
3-40     to read as follows:
3-41           (a)  If a refund of a tax provided by Section 11.431(b),
3-42     26.07(g), 26.15(f), [or] 31.11, or 31.111 is paid on or before the
3-43     60th day after the date the liability for the refund arises, no
3-44     interest is due on the amount refunded.  If not paid on or before
3-45     that 60th day, the amount of the tax to be refunded accrues
3-46     interest at a rate of one percent for each month or part of a month
3-47     that the refund is unpaid, beginning with the date on which the
3-48     liability for the refund arises.
3-49           (b)  For purposes of this section, liability for a refund
3-50     arises:
3-51                 (1)  if the refund is required by Section 11.431(b), on
3-52     the date the chief appraiser notifies the collector for the unit of
3-53     the approval of the late homestead exemption;
3-54                 (2)  if the refund is required by Section 26.07(g), on
3-55     the date the results of the election to reduce the tax rate are
3-56     certified;
3-57                 (3)  if the refund is required by Section 26.15(f):
3-58                       (A)  for a correction to the tax roll made under
3-59     Section 26.15(b), on the date the change in the tax roll is
3-60     certified to the assessor for the taxing unit under Section 25.25;
3-61     or
3-62                       (B)  for a correction to the tax roll made under
3-63     Section 26.15(c), on the date the change in the tax roll is ordered
3-64     by the governing body of the taxing unit; [or]
3-65                 (4)  if the refund is required by Section 31.11, on the
3-66     date the auditor for the taxing unit determines that the payment
3-67     was erroneous or excessive or, if the amount of the refund exceeds
3-68     the applicable amount specified by Section 31.11(a), on the date
3-69     the governing body of the unit approves the refund; or
 4-1                 (5)  if the refund is required by Section 31.111, on
 4-2     the date the collector for the taxing unit determines that the
 4-3     payment was erroneous.
 4-4           SECTION 11.  Section 33.04, Tax Code, is amended to read as
 4-5     follows:
 4-6           Sec. 33.04.  NOTICE OF DELINQUENCY. [(a)]  At least once each
 4-7     year the collector for a taxing unit shall deliver a notice of
 4-8     delinquency to each person whose name appears on the current
 4-9     delinquent tax roll.  However, the notice need not be delivered if:
4-10                 (1)  a bill for the tax was not mailed under Section
4-11     31.01(f); or
4-12                 (2)  the collector does not know and by exercising
4-13     reasonable diligence cannot determine the delinquent taxpayer's
4-14     name and address.
4-15           [(b)  In addition to the notice required by Subsection (a),
4-16     the collector for each taxing unit in each year divisible by five
4-17     shall deliver by mail a written notice of delinquency to:]
4-18                 [(1)  each person whose name and mailing address are
4-19     listed on the most recent certified appraisal roll, if the taxes on
4-20     the property of that person are shown on the collector's records as
4-21     having been delinquent more than one year; and]
4-22                 [(2)  each person who owes a tax on personal property
4-23     or an interest in a mineral estate that has been delinquent more
4-24     than one year, if that property or mineral estate is not listed on
4-25     the most recent certified appraisal roll under that person's name
4-26     but that person's name and mailing address are known to the
4-27     collector.]
4-28           [(c)  The collector shall state in the notice required by
4-29     Subsection (b) the amount of the delinquent tax, penalties, and
4-30     interest due, the description of the property on which the tax was
4-31     imposed, and the year for which the tax is delinquent.  Each notice
4-32     required by Subsection (b) to be delivered to the same person for
4-33     more than one year or on more than one property may be included in
4-34     a single notice.]
4-35           [(d)  In a suit brought against a person entitled to receive
4-36     notice under Subsection (b) for the collection of penalties and
4-37     interest on a tax delinquent more than five years or a multiple of
4-38     five years, it is an affirmative defense available to the person
4-39     that the collector did not deliver the notice required by
4-40     Subsection (b).]
4-41           [(e)  Notwithstanding Subsection (d), interest and penalties
4-42     on a tax are reinstated and shall be collected by the collector if,
4-43     subsequent to the collector's failure to deliver the notice
4-44     required by Subsection (b), the collector delivers the notice in
4-45     any subsequent year divisible by five.  The interest and penalties
4-46     on the tax are reinstated prospectively and begin to accrue at the
4-47     rates provided by Section 33.01 on the first day of the first month
4-48     that begins at least 21 days after the date the collector delivers
4-49     the subsequent notice.]
4-50           [(f)  A notice under this section is presumed to be delivered
4-51     when it is deposited in regular first-class mail, postage prepaid,
4-52     and addressed to the appropriate person under Subsection (b).
4-53     Notwithstanding Section 1.07, the presumption of delivery under
4-54     this section may not be rebutted with evidence of failure to
4-55     receive the notice.]
4-56           SECTION 12. Sections 33.06(a), (d), and (e), Tax Code, are
4-57     amended to read as follows:
4-58           (a)  An individual is entitled to defer or abate a suit to
4-59     collect a delinquent tax if the individual [he] is 65 years of age
4-60     or older and the tax was imposed against property that the
4-61     individual [he] owns and occupies as a residence homestead [the
4-62     property on which the tax subject to the suit is delinquent].
4-63           (d)  A tax lien remains on the property and interest
4-64     continues to accrue during the period collection of taxes is
4-65     deferred or abated under [as provided by] this section. The annual
4-66     interest rate during the deferral or abatement period is eight
4-67     percent [a year] instead of the rate provided by Section 33.01 [of
4-68     this code].  Interest and penalties that accrued or that were
4-69     incurred or imposed under Section 33.01 or 33.07 before the date
 5-1     the individual files the deferral affidavit under Subsection (b) or
 5-2     the date the judgment abating the suit is entered, as applicable,
 5-3     are preserved.  A penalty under Section 33.01 is [may] not incurred
 5-4     [be imposed] during a deferral or abatement period.  The additional
 5-5     penalty under [provided by] Section 33.07 [of this code] may be
 5-6     imposed and collected only if the taxes for which collection is
 5-7     deferred or abated remain delinquent on or after the 91st day after
 5-8     the date the deferral or abatement period expires.  A plea of
 5-9     limitation, laches, or want of prosecution does not apply against
5-10     the taxing unit because of deferral or abatement of collection as
5-11     provided by this section.
5-12           (e)  Each year the chief appraiser for each appraisal
5-13     district shall publicize in a manner reasonably designed to notify
5-14     all residents of the district or county of the provisions of this
5-15     section and, specifically, the method by which eligible persons may
5-16     obtain a deferral or abatement.
5-17           SECTION 13. Section 33.065(g), Tax Code, is amended to read
5-18     as follows:
5-19           (g)  A tax lien remains on the property and interest
5-20     continues to accrue during the period collection of delinquent
5-21     taxes is deferred or abated under [as provided by] this section.
5-22     The annual interest rate during the deferral or abatement period is
5-23     eight percent instead of the rate provided by Section 33.01.
5-24     Interest and penalties that accrued or that were incurred or
5-25     imposed under Section 33.01 or 33.07 before the date the individual
5-26     files the deferral affidavit under Subsection (c) or the date the
5-27     judgment abating the suit is entered, as applicable, are preserved.
5-28     A penalty is [may] not incurred [be imposed] on the delinquent
5-29     taxes for which collection is deferred or abated during a deferral
5-30     or abatement period.  The additional penalty under [provided by]
5-31     Section 33.07 may be imposed and collected only if the delinquent
5-32     taxes for which collection is deferred or abated remain delinquent
5-33     on or after the 91st day after the date the deferral or abatement
5-34     period expires.  A plea of limitation, laches, or want of
5-35     prosecution does not apply against the taxing unit because of
5-36     deferral or abatement of collection as provided by this section.
5-37           SECTION 14.  Section 33.07(a), Tax Code, is amended to read
5-38     as follows:
5-39           (a)  A taxing unit or appraisal district may provide, in the
5-40     manner required by law for official action by the body, that taxes
5-41     that become delinquent on or after February 1 of a year but not
5-42     later than May 1 of that year and that remain delinquent on July 1
5-43     of the year in which they become delinquent incur an additional
5-44     penalty to defray costs of collection, if the unit or district or
5-45     another unit that collects taxes for the unit has contracted with
5-46     an attorney pursuant to Section 6.30 [of this code].  The amount of
5-47     the penalty may not exceed [15 percent of] the amount of the
5-48     compensation specified in the contract with the attorney to be paid
5-49     in connection with the collection of the delinquent taxes[,
5-50     penalty, and interest due].
5-51           SECTION 15.  Section 33.08(b), Tax Code, is amended to read
5-52     as follows:
5-53           (b) The governing body of the taxing unit or appraisal
5-54     district, in the manner required by law for official action, may
5-55     provide that taxes that become delinquent on or after June 1 under
5-56     Section 26.07(f), 26.15(e), 31.03, 31.031, 31.032, or 31.04 incur
5-57     an additional penalty to defray costs of collection.  The amount of
5-58     the penalty may not exceed [15 percent of] the amount of the
5-59     compensation specified in the applicable contract with an attorney
5-60     under Section 6.30 to be paid in connection with the collection of
5-61     the delinquent taxes[, penalty, and interest due].
5-62           SECTION 16. Subchapter A, Chapter 33, Tax Code, is amended by
5-63     adding Section 33.09 to read as follows:
5-64           Sec. 33.09.  TRANSFER OF DELINQUENT COUNTY EDUCATION DISTRICT
5-65     TAXES IN CERTAIN COUNTIES. (a)  This section applies only to a
5-66     county with a population of less than 22,000.
5-67           (b)  In this section, "county education district taxes" means
5-68     ad valorem taxes imposed by a county education district under
5-69     former Section 20.945, Education Code.
 6-1           (c)  The successor-in-interest to a county education district
 6-2     may transfer to the component school districts of the county
 6-3     education district all delinquent county education district taxes.
 6-4     The amount transferred to each school district must be in
 6-5     proportion to the ratio that the school district's weighted average
 6-6     daily attendance for the 1992-1993 school year bears to the
 6-7     weighted average daily attendance of all school districts in the
 6-8     county education district for that year.  For purposes of this
 6-9     section, "weighted average daily attendance" is determined in the
6-10     manner provided by former Section 16.302, Education Code, as that
6-11     section existed September 1, 1992.
6-12           (d)  A school district to which delinquent county education
6-13     district taxes are transferred under this section is responsible
6-14     for:
6-15                 (1)  collecting or contracting for the collection of
6-16     the taxes; and
6-17                 (2)  preparing and submitting any report required by
6-18     the commissioner of education or the comptroller of the amount of
6-19     delinquent county education taxes collected.
6-20           (e)  This section expires February 1, 2014.
6-21           SECTION 17. Section 33.21, Tax Code, is amended by adding
6-22     Subsection (d) to read as follows:
6-23           (d)  In this subchapter, "personal property" means:
6-24                 (1)  tangible personal property;
6-25                 (2)  cash on hand;
6-26                 (3)  notes or accounts receivable, including rents and
6-27     royalties;
6-28                 (4)  demand or time deposits; and
6-29                 (5)  certificates of deposit.
6-30           SECTION 18. Section 33.23, Tax Code, is amended by amending
6-31     Subsection (c) and adding Subsections (d) and (e) to read as
6-32     follows:
6-33           (c)  After a tax warrant is issued, the collector or peace
6-34     officer shall take possession of the property pending its sale. The
6-35     person against whom a tax warrant is issued or another person
6-36     having possession of property of the person against whom a tax
6-37     warrant is issued shall surrender the property on demand.  Pending
6-38     the sale of the property, the collector or peace officer may secure
6-39     the property at the location where it is seized or may move the
6-40     property to another location.
6-41           (d)  A person who possesses personal property owned by the
6-42     person against whom a tax warrant is issued and who surrenders the
6-43     property on demand is not liable to any person for the surrender.
6-44     At the time of surrender, the collector shall provide the person
6-45     surrendering the property a sworn receipt describing the property
6-46     surrendered.
6-47           (e)  Subsection (d) does not create an obligation on the part
6-48     of a person who surrenders property owned by the person against
6-49     whom a tax warrant is issued that exceeds or materially differs
6-50     from that person's obligation to the person against whom the tax
6-51     warrant is issued.
6-52           SECTION 19. Section 33.25, Tax Code, is amended by amending
6-53     Subsection (a) and adding Subsection (c) to read as follows:
6-54           (a)  Except as provided by Subsection (c), after [After] a
6-55     seizure of personal property, the collector shall make a reasonable
6-56     inquiry to determine the identity and to ascertain the address of
6-57     any person having an interest in the property other than the person
6-58     against whom the tax warrant is issued.  The collector [He] shall
6-59     provide in writing the name and address of each other person the
6-60     collector identifies as having an interest in the property to the
6-61     peace officer charged with executing the warrant.  The peace
6-62     officer shall deliver as soon as possible a written notice stating
6-63     the time and place of the sale and briefly describing the property
6-64     seized to the person against whom the warrant is issued and to any
6-65     other person having [he discovers has] an interest in the property
6-66     whose name and address the collector provided to the peace officer.
6-67     The posting of the notice and the sale of the property shall be
6-68     conducted by the peace officer in the manner required for the sale
6-69     under execution of personal property [he ascertains].
 7-1           (c)  After a seizure of personal property defined by Sections
 7-2     33.21(d)(2)-(5), the collector shall apply the seized property
 7-3     toward the payment of the taxes, penalties, and interest included
 7-4     in the application for warrant and all costs of the seizure.
 7-5           SECTION 20. Section 33.41, Tax Code, is amended by adding
 7-6     Subsections (d), (e), (f), (g), and (h) to read as follows:
 7-7           (d)  In a suit brought under this section, a court shall
 7-8     grant a taxing unit injunctive relief on a showing that the
 7-9     personal property on which the taxing unit seeks to foreclose a tax
7-10     lien is about to be:
7-11                 (1)  removed from the county in which the tax was
7-12     imposed; or
7-13                 (2)  transferred to another person and the other person
7-14     is not a buyer in the ordinary course of business, as defined by
7-15     Section 1.201, Business & Commerce Code.
7-16           (e)  Injunctive relief granted under Subsection (d) must:
7-17                 (1)  prohibit alienation or dissipation of the
7-18     property;
7-19                 (2)  order that  proceeds from the sale of the property
7-20     in an amount equal to the taxes claimed to be due be paid into the
7-21     court registry; or
7-22                 (3)  order any other relief to ensure the payment of
7-23     the taxes owed.
7-24           (f)  A taxing unit is not required to file a bond as a
7-25     condition to the granting of injunctive relief under Subsection
7-26     (d).
7-27           (g)  In a petition for relief under Subsection (d), the
7-28     taxing unit may also seek to secure the payment of taxes for a
7-29     current tax year that are not delinquent and shall estimate the
7-30     amount due if those taxes are not yet assessed.
7-31           (h)  The tax lien attaches to any amounts paid into the
7-32     court's registry with the same priority as for the property on
7-33     which taxes are owed.
7-34           SECTION 21. Section 33.42(c), Tax Code, is amended to read as
7-35     follows:
7-36           (c)  If a tax required by this section to be included in a
7-37     suit is omitted from the judgment in the suit, the taxing unit may
7-38     not enforce collection of the tax at a later time except as
7-39     provided by Section 34.04(c)(2).
7-40           SECTION 22. Section 33.43(a), Tax Code, is amended to read as
7-41     follows:
7-42           (a)  A petition initiating a suit to collect a delinquent
7-43     property tax is sufficient if it alleges that:
7-44                 (1)  the taxing unit is legally constituted and
7-45     authorized to impose and collect ad valorem taxes on property;
7-46                 (2)  tax in a stated amount was legally imposed on each
7-47     separately described property for each year specified and on each
7-48     person named if known who owned the property on January 1 of the
7-49     year for which the tax was imposed;
7-50                 (3)  the tax was imposed in the county in which the
7-51     suit is filed;
7-52                 (4)  the tax is delinquent;
7-53                 (5)  penalties, interest, and costs authorized by law
7-54     in a stated amount for each separately assessed property are due;
7-55                 (6)  the taxing unit is entitled to recover each
7-56     penalty that is incurred and all interest that accrues on
7-57     delinquent taxes imposed on the property from the date of the
7-58     judgment to the date of the sale under Section 34.01 or under
7-59     Section 253.010, Local Government Code [34.015], as applicable, if
7-60     the suit seeks to foreclose a tax lien;
7-61                 (7)  the person sued owned the property on January 1 of
7-62     the year for which the tax was imposed if the suit seeks to enforce
7-63     personal liability;
7-64                 (8)  the person sued owns the property when the suit is
7-65     filed if the suit seeks to foreclose a tax lien;
7-66                 (9)  the taxing unit asserts a lien on each separately
7-67     described property to secure the payment of all taxes, penalties,
7-68     interest, and costs due if the suit seeks to foreclose a tax lien;
7-69                 (10)  all things required by law to be done have been
 8-1     done properly by the appropriate officials; and
 8-2                 (11)  the attorney signing the petition is legally
 8-3     authorized to prosecute the suit on behalf of the taxing unit.
 8-4           SECTION 23. Section 33.48(a), Tax Code, is amended to read as
 8-5     follows:
 8-6           (a)  In addition to other costs authorized by law, a taxing
 8-7     unit is entitled to recover the following costs and expenses in a
 8-8     suit to collect a delinquent tax:
 8-9                 (1)  all usual court costs, including the cost of
8-10     serving process;
8-11                 (2)  costs of filing for record a notice of lis pendens
8-12     against property;
8-13                 (3)  expenses of foreclosure sale;
8-14                 (4)  reasonable expenses that are incurred by the
8-15     taxing unit in determining the name, identity, and location of
8-16     necessary parties and in procuring necessary legal descriptions of
8-17     the property on which a delinquent tax is due; [and]
8-18                 (5)  attorney's fees in the amount of 15 percent of the
8-19     total amount of taxes, penalties, and interest due the unit; and
8-20                 (6)  reasonable attorney ad litem fees approved by the
8-21     court that are incurred in a suit in which the court orders the
8-22     appointment of an attorney to represent the interests of a
8-23     defendant served with process by means of citation by publication
8-24     or posting.
8-25           SECTION 24. Section 33.49(a), Tax Code, is amended to read as
8-26     follows:
8-27           (a)  Except as provided by Subsection (b) [of this section],
8-28     a taxing unit is not liable in a suit to collect taxes for court
8-29     costs, including any fees for service of process, an attorney ad
8-30     litem, arbitration, or mediation, and may not be required to post
8-31     security for costs.
8-32           SECTION 25. Sections 33.56(a), (c), (d), and (e), Tax Code,
8-33     are amended to read as follows:
8-34           (a)  If, in a suit to collect a delinquent tax, a court
8-35     renders a judgment for foreclosure of a tax lien on behalf of a
8-36     taxing unit, any [the] taxing unit that was a party to the judgment
8-37     may file a petition to vacate the judgment on one or more of the
8-38     following grounds [for]:
8-39                 (1)  failure to join a person needed for just
8-40     adjudication under the Texas Rules of Civil Procedure, including a
8-41     taxing unit required to be joined under Section 33.44(a);
8-42                 (2)  failure to serve a person needed for just
8-43     adjudication under the Texas Rules of Civil Procedure, including a
8-44     taxing unit required to be joined under Section 33.44(a); [or]
8-45                 (3)  failure of the judgment to adequately describe the
8-46     property that is the subject of the suit; or
8-47                 (4)  that the property described in the judgment was
8-48     subject to multiple appraisals for the tax years included in the
8-49     judgment.
8-50           (c)  The taxing unit may not file a petition if a tax sale of
8-51     the property has occurred unless:
8-52                 (1)  the tax sale has been vacated by an order of a
8-53     court; [or]
8-54                 (2)  the property was bid off [sold] to a [the] taxing
8-55     unit under Section 34.01(j) [34.01(c)] and has not been resold; or
8-56                 (3)  the tax sale or resale purchaser, or the
8-57     purchaser's heirs, successors, or assigns, consents to the
8-58     petition.
8-59           (d)  Consent of the purchaser to a petition may be shown by:
8-60                 (1)  a written memorandum signed by the purchaser and
8-61     filed with the court;
8-62                 (2)  the purchaser's joinder in the taxing unit's
8-63     petition;
8-64                 (3)  a statement of the purchaser made in open court on
8-65     the record in a hearing on the petition; or
8-66                 (4)  the purchaser's signature of approval to an agreed
8-67     order to grant the petition.
8-68           (e)  A copy of the petition must be served in a manner
8-69     authorized by Rule 21a, Texas Rules of Civil Procedure, on each
 9-1     party to the delinquent tax suit.
 9-2           (f) [(e)]  If the court grants the petition, the court shall
 9-3     enter an order providing that:
 9-4                 (1)  the judgment, any tax sale based on that judgment,
 9-5     and any subsequent resale are [is] vacated;
 9-6                 (2)  any applicable tax deed or applicable resale deed
 9-7     is canceled;
 9-8                 (3)  [and] the delinquent tax suit is revived; and
 9-9                 (4)  except in a case in which judgment is vacated
9-10     under Subsection (a)(4), the taxes, penalties, interest, and
9-11     attorney's fees and costs, and the liens that secure each of those
9-12     items, are reinstated.
9-13           SECTION 26. Sections 34.01(b), (m), (o), (p), and (r), Tax
9-14     Code, are amended to read as follows:
9-15           (b)  On receipt of an order of sale of real property, the
9-16     officer charged with selling the property shall endorse on the
9-17     order the date and exact time when the officer received the order.
9-18     The endorsement is a levy on the property without necessity for
9-19     going upon the ground.  The officer shall calculate the total
9-20     amount due under the judgment, including all taxes, penalties, and
9-21     interest, plus any other amount awarded by the judgment, court
9-22     costs, and the costs of the sale.  The costs of a sale include[,
9-23     including] the costs of advertising, and deed recording fees
9-24     anticipated to be paid in connection with the sale of the property.
9-25     To assist the officer in making the calculation, the collector of
9-26     any taxing unit that is party to the judgment may provide the
9-27     officer with a certified tax statement showing the amount of the
9-28     taxes included in the judgment that remain due that taxing unit and
9-29     all penalties, interest, and attorney's fees provided by the
9-30     judgment as of the date of the proposed sale.  If a certified tax
9-31     statement is provided to the officer, the officer shall rely on the
9-32     amount included in the statement and is not responsible or liable
9-33     for the accuracy of the applicable portion of the calculation.  A
9-34     certified tax statement is not required to be sworn to and is
9-35     sufficient if the tax collector or the collector's deputy signs the
9-36     statement.
9-37           (m)  The officer making the sale shall prepare a deed to the
9-38     purchaser of real property at the sale, to any other person whom
9-39     the purchaser may specify, or to the taxing unit to which the
9-40     property was bid off.  The taxing unit that requested the order of
9-41     sale may elect to prepare a deed for execution by the officer.  If
9-42     the taxing unit prepares the deed, the officer shall execute that
9-43     deed.  An officer who executes a deed prepared by the taxing unit
9-44     is not responsible or liable for any inconsistency, error, or other
9-45     defect in the form of the deed.  As soon as practicable after a
9-46     deed is executed by the officer, the [The] officer shall [execute
9-47     the deed and] either file the deed for recording with the county
9-48     clerk or deliver the executed deed to the taxing unit that
9-49     requested the order of sale, which shall file the deed for
9-50     recording with the county clerk.  The county clerk shall file and
9-51     record each deed filed under this subsection and after recording
9-52     shall return the deed to the grantee.
9-53           (o)  If [Notwithstanding Subsection (j), if] a [sufficient]
9-54     bid sufficient to pay the amount specified by Subsection (p) is not
9-55     received, the officer making the sale, with the consent of the
9-56     collector who applied for the tax warrant, may offer [bid off]
9-57     property seized under Subchapter E, Chapter 33, to a person
9-58     described by Section 11.181 or 11.20 for less than that [the tax
9-59     warrant] amount [or the market value of the property].  If the
9-60     property is offered to a person described by Section 11.181 or
9-61     11.20, the officer making the sale shall reopen the bidding at the
9-62     amount of that person's bid and bid off the property to the highest
9-63     bidder.  Consent to the sale by the taxing units entitled to
9-64     receive proceeds of the sale is not required. The acceptance of a
9-65     bid by the officer under this subsection is conclusive and binding
9-66     on the question of its sufficiency.  An action to set aside the
9-67     sale on the grounds that a bid is insufficient may not be
9-68     sustained, except that a taxing unit that participates in
9-69     distribution of proceeds of the sale may file an action before the
 10-1    first anniversary of the date of the sale to set aside the sale on
 10-2    the grounds of fraud or collusion between the officer making the
 10-3    sale and the purchaser.
 10-4          (p)  Except as provided by Subsection (o), property seized
 10-5    under Subchapter E, Chapter 33, may not be sold for an amount that
 10-6    is less than the lesser of the market value of the property as
 10-7    specified in the warrant or the total amount of taxes, penalties,
 10-8    interest, costs, and other claims for which the warrant was issued
 10-9    [due on the property].  If a sufficient bid is not received by the
10-10    officer making the sale, the officer shall bid off the property to
10-11    a taxing unit in the manner specified by Subsection (j) and subject
10-12    to the other provisions of that subsection.  A taxing unit that
10-13    takes title to property [seized] under this subsection [that
10-14    subchapter] takes title [to the property] for the use and benefit
10-15    of that taxing unit and all other taxing units that established tax
10-16    liens in the suit or that, on the date of the seizure, were owed
10-17    delinquent taxes on the property.
10-18          (r)  A sale of real property under this section must take
10-19    place at the county courthouse in the county in which the land is
10-20    located.  The commissioners court of the county may designate the
10-21    area in the county courthouse where sales under this section must
10-22    take place and shall record any designated area in the real
10-23    property records of the county.  If the commissioners court
10-24    designates an area in the courthouse for sales, a sale must occur
10-25    in that area.  If the commissioners court does not designate an
10-26    area in the courthouse for sales, a [The] sale must [shall] occur
10-27    in the same area [location] in the courthouse that is designated by
10-28    the commissioners court [of the county] for the sale of real
10-29    property under Section 51.002, Property Code.
10-30          SECTION 27. Section 34.04, Tax Code, is amended by amending
10-31    Subsection (c) and adding Subsections (e)-(i) to read as follows:
10-32          (c)  At the hearing the court shall order that the proceeds
10-33    be paid according to the following priorities to each party that
10-34    establishes its claim to the proceeds:
10-35                (1)  to the tax sale purchaser if the tax sale has been
10-36    adjudged to be void and the purchaser has prevailed in an action
10-37    against the taxing units under Section 34.07(d) by final judgment;
10-38                (2)  to a taxing unit for any taxes, penalties, or
10-39    interest that have become due or delinquent on the subject property
10-40    subsequent to the date of the judgment or that were omitted from
10-41    the judgment by accident or mistake;
10-42                (3) [(2)]  to any other lienholder, consensual or
10-43    otherwise, for the amount due under a lien, in accordance with the
10-44    priorities established by applicable law;
10-45                (4) [(3)]  to a taxing unit for any unpaid taxes,
10-46    penalties, interest, or other amounts adjudged due under the
10-47    judgment that were not satisfied from the proceeds from the tax
10-48    sale; and
10-49                (5) [(4)]  to each owner of the property.
10-50          (e)  an order under this section is appealable.
10-51          (f)  A person may not take an assignment of an owner's claim
10-52    to excess proceeds unless:
10-53                (1)  the assignment is taken on or after the 36th day
10-54    after the date the excess proceeds are deposited in the registry of
10-55    the court;
10-56                (2)  the assignment is in writing and signed by the
10-57    assignor; and
10-58                (3)  the assignment document contains a sworn statement
10-59    by the assignor affirming:
10-60                            (A)  that the assignment was given
10-61    voluntarily;
10-62                            (B)  the date on which the assignment was
10-63    made and that the date was not earlier than the 36th day after the
10-64    date the excess proceeds were deposited in the registry of the
10-65    court;
10-66                            (C)  that the assignor has received the
10-67    notice from the clerk required by Section 34.03;
10-68                            (D)  the nature and amount of consideration
10-69    given for the assignment;
 11-1                      (E)  the circumstances under which the excess
 11-2    proceeds are in the registry of the court;
 11-3                      (F)  the amount of the claim to excess proceeds
 11-4    in the registry of the court;
 11-5                      (G)  that the assignor has made no other
 11-6    assignments of the assignor's claim to the excess proceeds; and
 11-7                      (H)  that the assignor knows that the assignor
 11-8    may retain counsel.
 11-9          (g)  An assignee who obtains excess proceeds without
11-10    complying with Subsection (f) is liable to the assignor for the
11-11    amount of excess proceeds obtained plus attorney's fees and
11-12    expenses.
11-13          (h)  An assignee who files a petition setting forth a claim
11-14    to excess proceeds must attach a copy of the assignment document
11-15    and produce the original of the assignment document in court at the
11-16    hearing on the petition.  If the original assignment document is
11-17    lost, the assignee must obtain the presence of the assignor to
11-18    testify at the hearing.
11-19          (i)  A fee charged to obtain excess proceeds for an owner may
11-20    not be greater than 25 percent of the amount obtained or $1,000,
11-21    whichever is less.
11-22          SECTION 28. Sections 34.05(d) and (e), Tax Code, are amended
11-23    to read as follows:
11-24          (d)  Except as provided by this subsection, all public sales
11-25    requested as provided by Subsection (c) shall be conducted in the
11-26    manner prescribed by the Texas Rules of Civil Procedure for the
11-27    sale of property under execution.  The notice of the sale must
11-28    contain a description of the property to be sold, [which must be a
11-29    legal description in the case of real property,] the number and
11-30    style of the suit under which the property was sold at the tax
11-31    foreclosure sale, and the date of the tax foreclosure sale.  The
11-32    description of the property in the notice is sufficient if it is
11-33    stated in the manner provided by Section 34.01(f).  If the
11-34    commissioners court of a county by order specifies the date or time
11-35    at which or location in the county where a public sale requested
11-36    under Subsection (c) shall be conducted, the sale shall be
11-37    conducted on the date and at the time and location specified in the
11-38    order.  The acceptance of a bid by the officer conducting the sale
11-39    is conclusive and binding on the question of its sufficiency.  An
11-40    action to set aside the sale on the grounds that the bid is
11-41    insufficient may not be sustained in court, except that a taxing
11-42    unit that participates in distribution of proceeds of the sale may
11-43    file an action before the first anniversary of the date of the sale
11-44    to set aside the sale on the grounds of fraud or collusion between
11-45    the officer making the sale and the purchaser.  On conclusion of
11-46    the sale, the officer making the sale shall prepare a deed to the
11-47    purchaser.  The taxing unit that requested the sale may elect to
11-48    prepare a deed for execution by the officer.  If the taxing unit
11-49    prepares the deed, the officer shall execute that  deed.  An
11-50    officer who executes a deed prepared by the taxing unit is not
11-51    responsible or liable for any inconsistency, error, or other defect
11-52    in the form of the deed.  As soon as practicable after a deed is
11-53    executed by the officer, the [The] officer shall [execute the deed
11-54    and] either file the deed for recording with the county clerk or
11-55    deliver the executed deed to the taxing unit that requested the
11-56    sale, which shall file the deed for recording with the county
11-57    clerk.  The county clerk shall file and record each deed under this
11-58    subsection and after recording shall return the deed to the
11-59    grantee.
11-60          (e)  The presiding officer of a taxing unit selling real
11-61    property under Subsection (h) or (i), under Section 34.051, or
11-62    under Section 253.010, Local Government Code, or the sheriff or
11-63    constable selling real property under Subsections (c) and (d)
11-64    [pursuant to this section] shall execute a deed to the property
11-65    conveying to the purchaser the right, title, and interest acquired
11-66    or held by each taxing unit that was a party to the judgment
11-67    foreclosing tax liens on the property.  The conveyance shall be
11-68    made subject to any remaining right of redemption at the time of
11-69    the sale.
 12-1          SECTION 29. Section 34.051(b), Tax Code, is amended to read
 12-2    as follows:
 12-3          (b)  Any taxing unit may enter into an interlocal agreement
 12-4    with the municipality for the resale of tax foreclosed properties
 12-5    to be used for a purpose consistent with the municipality's urban
 12-6    redevelopment plans or the municipality's affordable housing
 12-7    policy.  If the tax foreclosed property is resold pursuant to this
 12-8    section to be used for a purpose consistent with the municipality's
 12-9    urban redevelopment plan or affordable housing policy, the deed of
12-10    conveyance must refer to or set forth the applicable terms of the
12-11    urban redevelopment plan or affordable housing policy.  Any such
12-12    interlocal agreement should include the following:
12-13                (1)  a general statement and goals of the
12-14    municipality's urban redevelopment plans or affordable housing
12-15    policy, as applicable;
12-16                (2)  a statement that the interlocal agreement concerns
12-17    only tax foreclosed property that is either vacant or distressed
12-18    and has a tax delinquency of six or more years;
12-19                (3)  a statement that the properties will be used only
12-20    for a purpose consistent with an urban redevelopment plan or
12-21    affordable housing policy, as applicable, that is primarily aimed
12-22    at providing housing for families of low or moderate income;
12-23                (4)  a statement that the principal goal of the
12-24    interlocal agreement is to provide an efficient mechanism for
12-25    returning deteriorated or unproductive properties to the tax rolls,
12-26    enhancing the value of ownership to the surrounding properties, and
12-27    improving the safety and quality of life in deteriorating
12-28    neighborhoods; and
12-29                (5)  a provision that all properties are sold subject
12-30    to any right of redemption.
12-31          SECTION 30. Section 34.07, Tax Code, is amended by amending
12-32    Subsection (d) and adding Subsection (f) to read as follows:
12-33          (d)  In lieu of pursuing the subrogation rights provided by
12-34    this section to which a purchaser is subrogated, a purchaser at a
12-35    void tax sale or tax resale may elect to file an action against the
12-36    taxing units to which [the] proceeds of the sale were distributed
12-37    to recover an [the] amount from each taxing unit equal to the
12-38    distribution of taxes, penalties, interest, and attorney's fees the
12-39    taxing unit received [paid at the sale].  In a suit filed under
12-40    this subsection, the purchaser may include a claim for, and is
12-41    entitled to recover, any excess proceeds of the sale that remain on
12-42    deposit in the registry of the court or, in the alternative, is
12-43    entitled to have judgment against any party to whom the excess
12-44    proceeds have been distributed.  A purchaser who files a suit
12-45    authorized by this subsection waives all rights of subrogation
12-46    otherwise provided by this section.  This subsection applies only
12-47    to an original purchaser at a tax sale or resale and only if that
12-48    purchaser has not subsequently sold the property to another person.
12-49          (f)  A suit filed against the taxing units under Subsection
12-50    (d) may not be maintained unless the action is instituted before
12-51    the first anniversary of the date of sale or resale.  In this
12-52    subsection:
12-53                (1)  "Date of sale" means the first Tuesday of the
12-54    month on which the sheriff or constable conducted the sale of the
12-55    property under Section 34.01.
12-56                (2)  "Date of resale" means the date on which the
12-57    grantor's acknowledgment was taken or, in the case of multiple
12-58    grantors, the latest date of acknowledgment by the grantors as
12-59    shown in the deed.
12-60          SECTION 31. Section 34.21(b), Tax Code, is amended to read as
12-61    follows:
12-62          (b)  If property that was used as the owner's residence
12-63    homestead or was land designated for agricultural use when the suit
12-64    or the application for the warrant was filed is bid off to a taxing
12-65    unit under Section 34.01(j) or (p) and has not been resold by the
12-66    taxing unit, the owner having a right of redemption may redeem the
12-67    property on or before the second anniversary of the date on which
12-68    the deed of the taxing unit is filed for record by paying the
12-69    taxing unit:
 13-1                (1)  the lesser of the amount of the judgment against
 13-2    the property or the market value of the property as specified in
 13-3    that judgment, plus the amount of the fee for filing the taxing
 13-4    unit's deed and the amount spent by the taxing unit as costs on the
 13-5    property, if the property was judicially foreclosed and bid off to
 13-6    the taxing unit under Section 34.01(j); or
 13-7                (2)  the lesser of the amount of taxes, penalties,
 13-8    interest, and costs for which the warrant was issued or the market
 13-9    value of the property as specified in the warrant, plus the amount
13-10    of the fee for filing the taxing unit's deed and the amount spent
13-11    by the taxing unit as costs on the property, if the property was
13-12    seized under Subchapter E, Chapter 33, and bid off to the taxing
13-13    unit under Section 34.01(p).
13-14          SECTION 32. Section 42.02, Tax Code, is amended to read as
13-15    follows:
13-16          Sec. 42.02.  RIGHT OF APPEAL BY CHIEF APPRAISER.  On written
13-17    approval of the board of directors of the appraisal district, the
13-18    [The] chief appraiser is entitled to appeal an order of the
13-19    appraisal review board determining:
13-20                (1)  a taxpayer protest as provided by Subchapter C,
13-21    Chapter 41; or
13-22                (2)  a taxpayer's motion to change the appraisal roll
13-23    filed under Section 25.25 [of this code if he has written approval
13-24    of the local appraisal district board of directors to appeal].
13-25          SECTION 33.  Section 34.015, Tax Code, as amended by Chapters
13-26    181 and 817, Acts of the 76th Legislature, Regular Session, 1999,
13-27    is redesignated as Section 253.010, Local Government Code, and is
13-28    amended to conform to the changes made by those chapters to read as
13-29    follows:
13-30          Sec. 253.010.  SALE OF REAL PROPERTY TO CERTAIN NONPROFIT OR
13-31    RELIGIOUS ORGANIZATIONS. (a)  Notwithstanding any other provision
13-32    of law, the governing body of a municipality may provide for the
13-33    manner in which any land acquired by the municipality may be sold
13-34    if the land is sold to:
13-35                (1)  a nonprofit organization that develops housing for
13-36    low-income individuals and families as a primary activity to
13-37    promote community-based revitalization of the municipality;
13-38                (2)  a nonprofit corporation described by 26 U.S.C.
13-39    Section 501(c)(3) that:
13-40                      (A)  has been incorporated in this state for at
13-41    least one year;
13-42                      (B)  has a corporate purpose to develop
13-43    affordable housing that is stated in its articles of incorporation,
13-44    bylaws, or charter;
13-45                      (C)  has at least one-fourth of its board of
13-46    directors residing in the municipality; and
13-47                      (D)  engages primarily in the building, repair,
13-48    rental, or sale of housing for low-income individuals and families;
13-49    or
13-50                (3)  a religious organization that:
13-51                      (A)  owns other property located in the
13-52    municipality that is exempt from taxation under Section 11.20, Tax
13-53    Code; and
13-54                      (B)  has entered into a written agreement with
13-55    the municipality regarding the revitalization of the land.
13-56          (b)  A municipality operating under this section may by
13-57    ordinance determine the individuals and families who qualify as
13-58    low-income individuals and families under Subsection (a)(1) or (2).
13-59    In adopting an ordinance under this subsection, the municipality
13-60    shall consider median income of individuals and median family
13-61    income in the area.
13-62          SECTION 34. Section 17.091(a), Civil Practice and Remedies
13-63    Code, is amended to read as follows:
13-64          (a)  In a suit to collect delinquent [growing out of]
13-65    property taxes [taxation] by the state or a [legal] subdivision of
13-66    the state in which a person who is a defendant is a nonresident,
13-67    the secretary of state is an agent for service of process on that
13-68    defendant if the defendant owns [owned], has [had], or claims an
13-69    [claimed a taxable] interest in property in this state that is the
 14-1    subject of the suit [on the first day of a tax year for which taxes
 14-2    have not been paid].
 14-3          SECTION 35.  This Act takes effect September 1, 2001.
 14-4          SECTION 36.  The change in law to Section 6.035(a), Tax Code,
 14-5    made by this Act applies to a person who is serving on the board of
 14-6    directors of an appraisal district on the effective date of this
 14-7    Act, a person appointed to the board of directors of an appraisal
 14-8    district after that date, a person serving as a chief appraiser of
 14-9    an appraisal district on the effective date of this Act, and a
14-10    person appointed as a chief appraiser after that date.
14-11          SECTION 37.  Section 6.24, Tax Code, as amended by this Act
14-12    applies to a contract for the assessment and collection of taxes
14-13    that is entered into under that section on or after the effective
14-14    date of this Act.  A contract for the assessment and collection of
14-15    taxes that was entered into before the effective date of this Act
14-16    is covered by the law in effect on the date the contract was
14-17    entered into, and the former law is continued in effect for that
14-18    purpose.
14-19          SECTION 38.  The change in law to Section 6.412(a), Tax Code,
14-20    made by this Act applies to a person who is serving on an appraisal
14-21    review board on the effective date of this Act and to a person
14-22    appointed to serve on an appraisal review board after that date.
14-23          SECTION 39.  The changes in law made by this Act to Sections
14-24    31.11 and 31.12, Tax Code, and Section 31.111, Tax Code, as added
14-25    by this Act, apply only to ad valorem taxes imposed in a tax year
14-26    that begins on or after January 1, 2002.
14-27          SECTION 40.  Section 33.04, Tax Code, as amended by this Act,
14-28    does not apply to taxes subject to a delinquent tax suit pending
14-29    before the effective date of this Act.  Section 33.04, Tax Code, as
14-30    amended by this Act, applies to all other taxes that became
14-31    delinquent before the effective date of this Act or that become
14-32    delinquent on or after that date.  Penalties and interest on a
14-33    delinquent tax are not canceled under Section 33.04, Tax Code, for
14-34    failure to deliver any notice under that section as it existed
14-35    immediately before the effective date of this Act.  A delinquent
14-36    tax that is the subject of a collection suit filed before the
14-37    effective date of this Act is governed by Section 33.04, Tax Code,
14-38    as that section existed immediately before the effective date of
14-39    this Act, and the former law is continued in effect for that
14-40    purpose.
14-41          SECTION 41.  Sections 33.06 and 33.065, Tax Code, as amended
14-42    by this Act, apply to penalties and interest that accrued on a
14-43    delinquent tax before September 1, 2001, or that accrue on or after
14-44    that date, regardless of whether the deferral or abatement period
14-45    under the applicable section of that code began before September 1,
14-46    2001, or begins on or after that date.
14-47          SECTION 42. Sections 33.21, 33.23, and 33.25, Tax Code, as
14-48    amended by this Act, apply only to a case in which an application
14-49    for a tax warrant under Subchapter B, Chapter 33, Tax Code, is
14-50    filed on or after the effective date of this Act.   A case in which
14-51    the application for a tax warrant was filed under that subchapter
14-52    before the effective date of this Act is governed by the law in
14-53    effect on the date the application for the tax warrant was filed,
14-54    and the former law is continued in effect for that purpose.
14-55          SECTION 43.  Section 33.41, Tax Code, as amended by this Act,
14-56    applies to a suit that was filed before September 1, 2001, or that
14-57    is filed on or after that date.
14-58          SECTION 44.  Sections 33.42 and 34.04, Tax Code, as amended
14-59    by this Act, apply to the disposition of excess proceeds from a
14-60    property tax foreclosure or a summary  sale of seized property,
14-61    regardless of the date on which the judgment was rendered,  the tax
14-62    sale was conducted, or the deposit of proceeds with the court was
14-63    made.
14-64          SECTION 45.  Sections 33.48 and 33.49, Tax Code, as amended
14-65    by this Act, apply to a suit that was filed before September 1,
14-66    2001, or that is filed on or after that date and to a judgment on
14-67    the merits that is entered on or after that date.
14-68          SECTION 46.  Section 33.56, Tax Code, as amended by this Act,
14-69    applies to a tax foreclosure judgment that was rendered before
 15-1    September 1, 2001, or that is rendered on or after that date.
 15-2          SECTION 47.  (a)  Section 34.01, Tax Code, as amended by this
 15-3    Act, applies to each tax sale that is conducted on or after
 15-4    September 1, 2001, regardless of whether the judgment on which the
 15-5    sale is based was entered before, on, or after that date.
 15-6          (b)  For purposes of this section, the date on which a tax
 15-7    sale was conducted is considered to be the first Tuesday of the
 15-8    month in which the public sale occurs.
 15-9          SECTION 48.  (a)  Section 34.05, Tax Code, as amended by this
15-10    Act, applies to a resale of property that is conducted on or after
15-11    September 1, 2001, regardless of whether the judgment was signed
15-12    before that date or is signed on or after that date.
15-13          (b)  For purposes of this section, the date on which a resale
15-14    is conducted is considered to be:
15-15                (1)  the date on which a public sale occurs under
15-16    Section 34.05(c), Tax Code; or
15-17                (2)  for a sale under Section 34.051 or 34.05(h) or
15-18    (i), Tax Code, or under Section 253.010, Local Government Code, the
15-19    date on which the grantor's acknowledgment was taken or, if
15-20    multiple grantors, the latest date of acknowledgment of those
15-21    grantors.
15-22          SECTION 49.  Section 34.07, Tax Code, as amended by this Act,
15-23    applies to a suit by the purchaser at a void tax sale or tax resale
15-24    filed on or after the effective date of this Act regardless of the
15-25    date of the tax sale or tax resale.  A suit filed by a purchaser
15-26    before the effective date of this Act is governed by Section 34.07,
15-27    Tax Code, as that law existed immediately before that date, and the
15-28    former law is continued in effect for that purpose.
15-29          SECTION 50.  Section 34.21, Tax Code, as amended by this Act,
15-30    applies to a redemption of property sold for taxes under a judgment
15-31    rendered or tax warrant that was issued before September 1, 2001,
15-32    or that is rendered or issued on or after that date.
15-33          SECTION 51.  Section 17.091, Civil Practice and Remedies
15-34    Code, as amended by this Act, applies to a suit that was filed
15-35    before September 1, 2001, or that is filed on or after that date.
15-36                                 * * * * *