By Homer H.J.R. No. 76
77R8493 JD-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to shorten the period during
1-2 which the former owner of real property sold at an ad valorem tax
1-3 sale may redeem the property.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 13(c) and (e), Article VIII, Texas
1-6 Constitution, are amended to read as follows:
1-7 (c) The former owner of a residence homestead sold for
1-8 unpaid taxes and the former owner of land designated for
1-9 agricultural use sold for unpaid taxes shall within one year [two
1-10 years] from date of the filing for record of the Purchaser's Deed
1-11 have the right to redeem the property on the following basis:
1-12 (1) Within the first six months [year] of the
1-13 redemption period, upon the payment of the amount of money paid for
1-14 the property, including the Tax Deed Recording Fee and all taxes,
1-15 penalties, interest, and costs paid plus an amount not exceeding 25
1-16 percent of the aggregate total; and
1-17 (2) Within the last six months [year] of the
1-18 redemption period, upon the payment of the amount of money paid for
1-19 the property, including the Tax Deed Recording Fee and all taxes,
1-20 penalties, interest, and costs paid plus an amount not exceeding 50
1-21 percent of the aggregate total.
1-22 (e) The former owner of real property not covered by
1-23 Subsection (c) of this section sold for unpaid taxes shall within
1-24 three [six] months from the date of filing for record of the
2-1 Purchaser's Deed have the right to redeem the property upon the
2-2 payment of the amount of money paid for the property, including the
2-3 Tax Deed Recording Fee and all taxes, penalties, interest, and
2-4 costs paid plus an amount not exceeding 25 percent of the aggregate
2-5 total.
2-6 SECTION 2. The following temporary provision is added to the
2-7 Texas Constitution:
2-8 TEMPORARY PROVISION. (a) This temporary provision applies to
2-9 the amendment to Section 13, Article VIII, of this constitution
2-10 proposed by ___.J.R. No.____, 77th Legislature, Regular Session,
2-11 2001, and expires January 1, 2005.
2-12 (b) The amendment takes effect January 1, 2002.
2-13 (c) The amendment applies to redemption of real property
2-14 sold at a tax sale for which the purchaser's deed is filed for
2-15 record on or after the effective date of the amendment. Redemption
2-16 of real property sold at a tax sale for which the purchaser's deed
2-17 is filed for record before the effective date of the amendment is
2-18 covered by the former law, and the former law is continued in
2-19 effect for that purpose.
2-20 SECTION 3. This proposed constitutional amendment shall be
2-21 submitted to the voters at an election to be held November 6, 2001.
2-22 The ballot shall be printed to provide for voting for or against
2-23 the proposition: "The constitutional amendment to shorten the
2-24 period in which the former owner of real property sold at an ad
2-25 valorem tax sale may redeem the property."