By Gray                                               H.B. No. 3347
         77R5448 GJH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the administration and collection of ad valorem taxes.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 22.27(b), Tax Code, is amended to read as
 1-5     follows:
 1-6           (b)  Information made confidential by this section may be
 1-7     disclosed:
 1-8                 (1)  in a judicial or administrative proceeding
 1-9     pursuant to a lawful subpoena;
1-10                 (2)  to the person who filed the statement or report or
1-11     the owner of property subject to the statement, report, or
1-12     information or to a representative of either authorized in writing
1-13     to receive the information;
1-14                 (3)  to the comptroller and the comptroller's [his]
1-15     employees authorized by the comptroller [him] in writing to receive
1-16     the information or to an assessor or a chief appraiser if requested
1-17     in writing;
1-18                 (4)  in a judicial or administrative proceeding
1-19     relating to property taxation to which the person who filed the
1-20     statement or report or the owner of the property that is a subject
1-21     of the statement, report, or information is a party;
1-22                 (5)  for statistical purposes if in a form that does
1-23     not identify specific property or a specific property owner; [or]
1-24                 (6)  if and to the extent the information is required
 2-1     to be included in a public document or record that the appraisal
 2-2     office is required to prepare or maintain; or
 2-3                 (7)  to a taxing unit or its legal representative that
 2-4     is engaged in the collection of delinquent taxes on the property
 2-5     that is the subject of the information.
 2-6           SECTION 2. Sections 25.25(b) and (c), Tax Code, are amended
 2-7     to read as follows:
 2-8           (b)  The chief appraiser may change the appraisal roll at any
 2-9     time to correct a name or address, a determination of ownership, a
2-10     description of property, multiple appraisals of a property, or a
2-11     clerical error or other inaccuracy as prescribed by board rule that
2-12     does not increase the amount of tax liability.  Before the 10th day
2-13     after the end of each calendar quarter, the chief appraiser shall
2-14     submit to the appraisal review board and to the board of directors
2-15     of the appraisal district a written report of each change made
2-16     under this subsection that decreases the tax liability of the owner
2-17     of the property.  The report must include:
2-18                 (1)  a description of each property; and
2-19                 (2)  the name of the owner of that property.
2-20           (c)  At any time [before the end of five years after January
2-21     1 of a tax year], the appraisal review board, on motion of the
2-22     chief appraiser or of a property owner, may direct by written order
2-23     changes in the appraisal roll to correct multiple appraisals of a
2-24     property in a tax year.  At any time before the end of five years
2-25     after January 1 of the tax year for which the change is sought, the
2-26     appraisal review board, on motion of the chief appraiser or of a
2-27     property owner, may direct by written order changes in the
 3-1     appraisal roll to correct:
 3-2                 (1)  clerical errors that affect a property owner's
 3-3     liability for a tax [imposed in that tax year]; or
 3-4                 (2)  [multiple appraisals of a property in that tax
 3-5     year; or]
 3-6                 [(3)]  the inclusion of property that does not exist in
 3-7     the form or at the location described in the appraisal roll.
 3-8           SECTION 3. Subchapter B, Chapter 33, Tax Code, is amended by
 3-9     adding Section 33.215 to read as follows:
3-10           Sec. 33.215.  DEFINITION. In this subchapter, "personal
3-11     property" includes:
3-12                 (1)  cash;
3-13                 (2)  notes or accounts receivable, including rents and
3-14     royalties;
3-15                 (3)  demand or time deposits; and
3-16                 (4)  certificates of deposit.
3-17           SECTION 4. Section 33.23, Tax Code, is amended by amending
3-18     Subsection (c) and adding Subsection (d) to read as follows:
3-19           (c)  After a tax warrant is issued, the collector or the
3-20     peace officer shall take possession of and secure the property
3-21     pending its sale.   The property may be secured at the premises
3-22     where it is seized or be removed to a more convenient location.
3-23           (d)  The person against whom a tax warrant is issued or
3-24     another person having possession of property of the person against
3-25     whom a tax warrant is issued shall surrender the property on
3-26     demand.  Any person who surrenders property under this subsection
3-27     is not liable for surrendering the property.  On surrender, the
 4-1     collector shall provide to the person surrendering property a sworn
 4-2     receipt with a description of the property surrendered.  This
 4-3     subsection does not create an obligation on the part of a person
 4-4     having possession of property of a person against whom a tax
 4-5     warrant is issued that exceeds or materially differs from the
 4-6     person's obligation to the person against whom the tax warrant is
 4-7     issued.
 4-8           SECTION 5. Section 33.41, Tax Code, is amended by adding
 4-9     Subsections (d), (e), (f), and (g) to read as follows:
4-10           (d)  In a suit brought under this section, a court shall
4-11     grant a taxing unit injunctive relief on a showing that the
4-12     personal property on which the taxing unit seeks to foreclose a tax
4-13     lien is about to be:
4-14                 (1)  removed from the county in which the tax was
4-15     imposed; or
4-16                 (2)  transferred to another person and the other person
4-17     is not a buyer in the ordinary course of business, as defined by
4-18     Section 1.201, Business & Commerce Code.
4-19           (e)  Injunctive relief granted under Subsection (d) must:
4-20                 (1)  prohibit alienation or dissipation of the
4-21     property;
4-22                 (2)  order that  proceeds from the sale of the property
4-23     in an amount equal to the taxes claimed to be due be paid into the
4-24     court registry; or
4-25                 (3)  order any other relief to ensure the payment of
4-26     the taxes owed.
4-27           (f)  In a petition for relief under Subsection (d), the
 5-1     taxing unit may also seek to secure the payment of taxes for a
 5-2     current tax year that are not delinquent and shall estimate the
 5-3     amount due if those taxes are not yet assessed.
 5-4           (g)  The tax lien attaches to any amounts paid into the
 5-5     court's registry with the same priority as for the property on
 5-6     which taxes are owed.
 5-7           SECTION 6. Section 33.47(a), Tax Code, is amended to read as
 5-8     follows:
 5-9           (a)  In a suit to collect a delinquent tax, any of the
5-10     following [the taxing unit's current tax roll and delinquent tax
5-11     roll or certified copies of the entries] showing the property and
5-12     the amount of the tax and penalties imposed and interest accrued
5-13     constitutes [constitute] prima facie evidence that each person
5-14     charged with a duty relating to the imposition of the tax has
5-15     complied with all requirements of law and that the amount of tax
5-16     alleged to be delinquent against the property and the amount of
5-17     penalties and interest due on that tax as listed are the correct
5-18     amounts:
5-19                 (1)  the taxing unit's delinquent tax roll;
5-20                 (2)  the applicable portion of the taxing unit's
5-21     delinquent tax roll, or a compilation of that portion; or
5-22                 (3)  a copy of the applicable entries on the taxing
5-23     unit's delinquent tax roll certified by the collector or the
5-24     collector's deputy.
5-25           SECTION 7. Section 17.091(a), Civil Practice and Remedies
5-26     Code, is amended to read as follows:
5-27           (a)  In a suit to collect delinquent [growing out of]
 6-1     property taxes [taxation] by the state or a [legal] subdivision of
 6-2     the state in which a person who is a defendant is a nonresident,
 6-3     the secretary of state is an agent for service of process on that
 6-4     defendant if the defendant owns [owned], has [had], or claims an
 6-5     [claimed a taxable] interest in property in this state that is the
 6-6     subject of the suit [on the first day of a tax year for which taxes
 6-7     have not been paid].
 6-8           SECTION 8. Section 33.23, Tax Code, as amended by this Act,
 6-9     applies only to property that is the subject of a tax warrant that
6-10     is issued on or after the effective date of this Act.  Property
6-11     that is the subject of a tax warrant that is issued before the
6-12     effective date of this Act is governed by the law in effect
6-13     immediately before the effective date of this Act, and the former
6-14     law is continued in effect for that purpose.
6-15           SECTION 9.  Section 33.41 and Section 33.47(a), Tax Code, and
6-16     Section 17.091(a), Civil Practice and Remedies Code, as amended by
6-17     this Act, apply only to a suit that is filed on or after the
6-18     effective date of this Act.  A suit filed before the effective date
6-19     of this Act is governed by the law in effect immediately before the
6-20     effective date of this Act, and the former law is continued in
6-21     effect for that purpose.
6-22           SECTION 10.  This Act takes effect September 1, 2001.