By Homer                                              H.B. No. 2473
         77R7699 JD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the right of redemption of real property sold at an ad
 1-3     valorem tax sale.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 34.21(a)-(c) and (e), Tax Code, are
 1-6     amended to read as follows:
 1-7           (a)  The owner of real property sold at a tax sale to a
 1-8     purchaser other than a taxing unit that was used as the residence
 1-9     homestead of the owner or that was land designated for agricultural
1-10     use when the suit or the application for the warrant was filed may
1-11     redeem the property on or before the first [second] anniversary of
1-12     the date on which the purchaser's deed is filed for record by
1-13     paying the purchaser the amount the purchaser bid for the property,
1-14     the amount of the deed recording fee, and the amount paid by the
1-15     purchaser as taxes, penalties, interest, and costs on the property,
1-16     plus a redemption premium of 25 percent of the aggregate total if
1-17     the property is redeemed during the first six months [year] of the
1-18     redemption period or 50 percent of the aggregate total if the
1-19     property is redeemed during the second six months [year] of the
1-20     redemption period.
1-21           (b)  If property that was used as the owner's residence
1-22     homestead or was land designated for agricultural use when the suit
1-23     or the application for the warrant was filed is bid off to a taxing
1-24     unit under Section 34.01(j) and has not been resold by the taxing
 2-1     unit, the owner having a right of redemption may redeem the
 2-2     property on or before the first [second] anniversary of the date on
 2-3     which the deed of the taxing unit is filed for record by paying the
 2-4     taxing unit the lesser of the amount of the judgment against the
 2-5     property or the market value of the property as specified in that
 2-6     judgment, plus the amount of the fee for filing the taxing unit's
 2-7     deed and the amount spent by the taxing unit as costs on the
 2-8     property.
 2-9           (c)  If real property that was used as the owner's residence
2-10     homestead or was land designated for agricultural use when the suit
2-11     or the application for the warrant was filed has been resold by the
2-12     taxing unit under Section 34.05, the owner of the property having a
2-13     right of redemption may redeem the property on or before the first
2-14     [second] anniversary of the date on which the taxing unit files for
2-15     record the deed from the sheriff or constable by paying the person
2-16     who purchased the property from the taxing unit the amount the
2-17     purchaser paid for the property, the amount of the fee for filing
2-18     the purchaser's deed for record, the amount paid by the purchaser
2-19     as taxes, penalties, interest, and costs on the property, plus a
2-20     redemption premium of 25 percent of the aggregate total if the
2-21     property is redeemed in the first six months [year] of the
2-22     redemption period or 50 percent of the aggregate total if the
2-23     property is redeemed in the second six months [year] of the
2-24     redemption period.
2-25           (e)  The owner of real property sold at a tax sale other than
2-26     property that was used as the residence homestead of the owner or
2-27     that was land designated for agricultural use when the suit or the
 3-1     application for the warrant was filed may redeem the property in
 3-2     the same manner and by paying the same amounts as prescribed by
 3-3     Subsection (a), (b), (c), or (d), as applicable, except that:
 3-4                 (1)  the owner's right of redemption may be exercised
 3-5     not later than the 92nd [180th] day following the date on which the
 3-6     purchaser's or taxing unit's deed is filed for record; and
 3-7                 (2)  the redemption premium payable by the owner to a
 3-8     purchaser other than a taxing unit may not exceed 25 percent.
 3-9           SECTION 2.  (a)  This Act takes effect January 1, 2002, but
3-10     only if the constitutional amendment proposed by the 77th
3-11     Legislature, Regular Session, 2001, to shorten the period in which
3-12     the former owner of real property sold at an ad valorem tax sale
3-13     may redeem the property is approved by the voters.  If that
3-14     amendment is not approved by the voters, this Act has no effect.
3-15           (b)  This Act applies to redemption of real property sold at
3-16     a tax sale for which the purchaser's deed is filed for record on or
3-17     after the effective date of this Act.  Redemption of real property
3-18     sold at a tax sale for which the purchaser's deed is filed for
3-19     record before the effective date of this Act is covered by the law
3-20     in effect when the deed is filed, and the former law is continued
3-21     in effect for that purpose.