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.