SRC-VRA H.B. 335 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 335
78R11371 JD-FBy: Hamric (Lindsay)
Intergovernmental Relations
4/30/2003
Engrossed


DIGEST AND PURPOSE 

Current Texas law permits property owners that are delinquent in their
taxes to still purchase property at judicial execution and/or tax
foreclosure sales.  H.B. 335 prohibits a purchaser at a judicial execution
or tax foreclosure sale that owes delinquent county or school district or
municipality ad valorem taxes from receiving the property. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 34, Civil Practice and Remedies
Code, by adding Section 34.0445, as follows: 
 
Sec. 34.0445.  PERSONS ELIGIBLE TO PURCHASE REAL PROPERTY.  (a)  Prohibits
an officer conducting a sale of real property under this subchapter from
executing or delivering a deed to the purchaser of the property unless the
purchaser exhibits to the officer an unexpired written statement issued to
the person in the manner prescribed by Section 34.015, Tax Code, showing
that the county assessor-collector of the county in which the sale is
conducted has determined that there are no delinquent ad valorem taxes
owed by the person to that county or to a school district or municipality
having territory in that county. 
 
(b)  Prohibits an individual from bidding on or purchasing the property in
the name of any other individual.  Prohibits an officer conducting a sale
under this subchapter from executing a deed in the name of or deliver a
deed to any person other than the person who was the successful bidder. 
 
(c)  Provides that until the first anniversary of the date of the sale, a
deed executed or delivered in violation of this section is voidable.
Provides that if an unexpired statement issued under Section 34.015(c),
Tax Code, to the purchaser of the property on or before the date of the
sale, accompanied by the applicable filing fee, is accepted for recording
by the county clerk of the county in which the property is located, and
the statement shows that there are no delinquent ad valorem taxes owed by
the purchaser to that county or to a school district or municipality
having territory in that county, it is conclusively presumed that each
requirement of this section was complied with. 
 
(d)  Provides that a person who knowingly violates this section commits an
offense. Provides that an offense under this subsection is a Class B
misdemeanor. 
 
(e)  Provides that to the extent of a conflict between this section and
any other law, this section controls. 
 
SECTION 2.  Amends Subchapter A, Chapter 34, Tax Code, by adding Section
34.015, as follows: 
 
Sec. 34.015.  PERSONS ELIGIBLE TO PURCHASE REAL PROPERTY.  (a)  Provides
that  in this section, "person" does not include a taxing unit or an
individual acting on behalf of a taxing unit. 
 
(b)  Prohibits an officer conducting a sale of real property under Section
34.01 from executing or delivering a deed to the purchaser of the property
unless the purchaser exhibits to the officer an unexpired written
statement issued under this section to the person by the county
assessor-collector of the county in which the sale is conducted showing
that there are no delinquent taxes owed by the person to that county or to
a school district or municipality having territory in that county.
Prohibits the officer from executing a deed in the name of or delivering a
deed to any person other than the person who was the successful bidder. 
 
(c)  Requires on the written request of any person, a county
assessor-collector to issue a  written statement stating whether there are
any delinquent taxes owed by the person to that county or to a school
district or municipality having territory in that county.  Requires a
request for the issuance of a statement by the county assessorcollector
under this subsection to meet certain criteria. 
  
(d)  Requires the county-assessor collector, on receipt of a request under
Subsection (c), to send to the collector for each school district and
municipality having territory in the county, other than a school district
or municipality for which the county assessor-collector is the collector,
a request for information as to whether there are any delinquent taxes
owed by the person to that school district or municipality. Requires the
county assessor-collector to specify the date by which the collector must
respond to the request. 
 
(e)  Requires the county-assessor collector, if the county
assessor-collector determines that there are delinquent taxes owed to the
county or to a school district or municipality for which the county
assessor-collector is the collector for which the person is personally
liable, or receives information from the collector for a school district
or municipality having territory in the county indicating that there are
delinquent taxes owed to that school district or municipality on the
person's current or former property for which the person is personally
liable, to include in the statement issued under Subsection (c) the amount
of delinquent taxes owed by the person to that county, school district, or
municipality and the name and address of the collector for that school
district or municipality. 
 
(f)  Requires the county-assessor collector, if the county
assessor-collector does not receive a response from the collector for any
school district or municipality to whom the county assessor-collector sent
a request under Subsection (d) as to whether there are delinquent taxes on
the person's current or former property owed by the person to that school
district or municipality, to indicate in the statement issued under
Subsection (c) that the county assessor-collector is unable to certify
that there are no delinquent taxes owed by the person to that school
district or municipality and include the name and address of the collector
for that school district or municipality. 
 
(g)  Authorizes a county-assessor collector, to cover the costs associated
with the issuance of statements under Subsection (c), to charge the person
requesting a statement a fee not to exceed $10 for each statement
requested. 
 
(h)  Requires a statement under Subsection (c) to be issued in the name of
the requestor, bear the requestor's name, include the dates of issuance
and expiration, and be eligible for recording under Section 12.001(b),
Property Code.  Provides that a statement expires on the 90th day after
the date of issuance. 
 
(i)  Provides that until the first anniversary of the date of the sale, a
deed executed or delivered in violation of this section is voidable.
Provides that if an unexpired statement issued under Subsection (c) to the
purchaser of the property on or before the date of the sale, accompanied
by the applicable filing fee, is accepted for  recording by the county
clerk of the county in which the property is located, and the statement
shows that there are no delinquent taxes owed by the purchaser to that
county or to a school district or municipality having territory in that
county, it is conclusively presumed that each requirement of this section
was complied with. 
 
(j)  Provides that a person who knowingly violates this section commits an
offense. Provides that an offense under this subsection is a Class B
misdemeanor. 
 
(k)  Provides that to the extent of a conflict between this section and
any other law, this section controls. 
 
SECTION 3.Effective date:  September 1, 2003.  
  Makes application of this Act prospective to October 1, 2003.