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


Senate Research CenterC.S.H.B. 335
7817161 JD-WPDBy: Hamric (Lindsay)
Intergovernmental Relations
5/21/2003
Committee Report (Substituted)


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.  C.S.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 and for each school district or
municipality having territory in the county there are no known or reported
delinquent ad valorem taxes owed by the person to that school district or
municipality.  
 
(b)  Prohibits an officer conducting a sale under this subchapter 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 the deed executed by the officer conducting the sale to name
the successful bidder as the grantee and recite that the successful bidder
exhibited to that 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 was
conducted determined that certain ad valorem taxes are not delinquent.  

(d)  Provides that if a deed contains the recital required by Subsection
(c), it is conclusively presumed that this section was complied with..   
 
(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 a deed in the name of or delivering a deed  to any
person other than the person who was the successful bidder.  Prohibits the
officer 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 county or certain ad valorem taxes. 
 
(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, to include in the statement issued under Subsection (c) the amount
of delinquent taxes owed by the person to that county.  Requires the
assessor-collector, if the county assessorcollector is the collector for a
school district or municipality having territory in the county and the
county assessor-collector determines that there are delinquent ad valorem
taxes owed by the person to the school district or municipality, to
include in the statement issued under Subsection (c) the amount of
delinquent taxes owed by the person to that school district or
municipality. 
 
(f)  Requires the county-assessor collector, if the county
assessor-collector receives a response from the collector for a school
district or municipality having territory in the 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 a statement issued under Subsection (c) indicating the
amount of 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)  Requires the county assessor-collector, if the county
assessor-collector determines that there are no delinquent taxes owed by
the person to the county or to a school district or municipality for which
the county assessor-collector is the collector, to indicate in the
statement issued under Subsection (c) that there are no delinquent ad
valorem taxes owed by the person to the county or to the school district
or municipality.    
 
(h)  Requires the county assessor-collector, if the county
assessor-collector receives a response from the collector for any school
district or municipality having the territory in that county indicating
that there are no delinquent ad valorem taxes owed by the person to that
school district or municipality, to indicate in the statement issued
Subsection (c) that there are no delinquent ad valorem taxes owed by the
person to that school district or municipality. 
 
(i)  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 there are no reported delinquent taxes owed by the
person to that school district or municipality. 

(j)  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.  

(k)  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. 

(l)  Requires the deed executed by the officer conducting the sale to name
the successful bidder as the grantee and recite that the successful bidder
exhibited to that officer an unexpired written statement issued to the
person in the manner prescribed by this section, showing that the county
assessor-collector of the county in which the sale was conducted
determined that certain ad valorem are not delinquent.   

(l) [m]  Provides that if a deed contains the recital required by this
subsection, it is conclusively presumed that this section was complied
with. 

(m) [n]  Provides that to the extent of a conflict between this section
and any other law, this section controls.  

SECTION 3.  Amends Subchapter F, Chapter 11, Parks and Widlife Code, by
adding Section 11.075, as follows: 

Sec.  11.075.  CERTAIN SALES.  Requires the mineral rights to the
property, before the Texas Parks and Wildlife Department (TPWD) may sell
real property owned by or under the control of TPWD to a private entity,
to be conveyed to the permanent school fund.   
 
SECTION 4.Effective date:  September 1, 2003.  
  Makes application of this Act prospective to October 1, 2003.