H.J.R. No. 51
A JOINT RESOLUTION
proposing a constitutional amendment to establish a two-year period
for the redemption of a mineral interest sold for unpaid ad valorem
taxes at a tax sale.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 13(c) and (d), Article VIII, Texas
Constitution, are amended to read as follows:
(c) The former owner of a residence homestead,[sold for
unpaid taxes and the former owner of] land designated for
agricultural use, or a mineral interest sold for unpaid taxes shall
within two years from date of the filing for record of the
Purchaser's Deed have the right to redeem the property on the
following basis:
(1) Within the first year of the redemption period,
upon the payment of the amount of money paid for the property,
including the Tax Deed Recording Fee and all taxes, penalties,
interest, and costs paid plus an amount not exceeding 25 percent of
the aggregate total; and
(2) Within the last year of the redemption period,
upon the payment of the amount of money paid for the property,
including the Tax Deed Recording Fee and all taxes, penalties,
interest, and costs paid plus an amount not exceeding 50 percent of
the aggregate total.
(d) If the residence homestead or land designated for
agricultural use [property] is sold pursuant to a suit to enforce
the collection of the unpaid taxes, the Legislature may limit the
application of Subsection (c) of this section to property used as a
residence homestead when the suit was filed and to land designated
for agricultural use when the suit was filed.
SECTION 2. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 78th Legislature,
Regular Session, 2003, to establish a two-year period for the
redemption of a mineral interest sold for unpaid ad valorem taxes at
a tax sale and expires January 1, 2005.
(b) The amendments to Sections 13(c) and (d), Article VIII,
of this constitution, take effect January 1, 2004, and apply only to
the redemption of a mineral interest sold at a tax sale for which
the purchaser's deed is filed for record on or after January 1,
2004. The redemption of a mineral interest sold at a tax sale for
which the purchaser's deed is filed for record before January 1,
2004, is covered by the law in effect when the deed is filed, and the
former law is continued in effect for that purpose.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held September 13,
2003. The ballot shall be printed to permit voting for or against
the proposition: "The constitutional amendment to establish a
two-year period for the redemption of a mineral interest sold for
unpaid ad valorem taxes at a tax sale."
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.J.R. No. 51 was passed by the House on April
29, 2003, by the following vote: Yeas 141, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.J.R.
No. 51 on May 30, 2003, by the following vote: Yeas 143, Nays 0, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.J.R. No. 51 was passed by the Senate, with
amendments, on May 27, 2003, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
RECEIVED: _____________________
Date
_____________________
Secretary of State