By: Lindsay S.B. No. 1572 2001S0797/1 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to claims for excess proceeds from tax sales. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 34.04, Tax Code, is amended by adding 1-5 Subsections (e) and (f) to read as follows: 1-6 (e) An order entered under this section is appealable. 1-7 (f) A person may not take an assignment of an owner's claim 1-8 to excess proceeds unless, before the assignment is made, the 1-9 person gives written notice to the owner that must inform the owner 1-10 of the amount of excess proceeds and that the owner may have a 1-11 claim to the full amount of the excess proceeds. A claim for 1-12 excess proceeds filed by an assignee shall include a sworn 1-13 statement that the assignee has complied with the requirements of 1-14 this subsection. It is the assignee's burden to prove at the 1-15 hearing that the assignee has complied with this subsection. Any 1-16 person who obtains excess proceeds without compliance with this 1-17 subsection is liable to the owner for the amount of excess proceeds 1-18 obtained plus attorney's fees. 1-19 SECTION 2. (a) This Act takes effect September 1, 2001. 1-20 (b) The change in law made by this Act applies to the 1-21 disposition of excess proceeds of a property tax foreclosure sale 1-22 paid into the court regardless of the date on which the foreclosure 1-23 sale occurred or the date on which the proceeds were paid into the 1-24 court.