Amend HB 2491 (engrossed version) as follows:
(1) On page 8, line 16, after "transferee" insert "within 30
days."
(2) Insert the following appropriately numbered section and
renumber subsequent sections accordingly:
SECTION ____. Section 32.065(c), Tax Code, is amended to
read as follows:
(c) Notwithstanding any other provision of this code, a
transferee of a tax lien is subrogated to and is entitled to
exercise any right or remedy possessed by the transferring taxing
unit, including or related to foreclosure of judicial sale, but is
prohibited from exercising a remedy of foreclosure or judicial sale
where the transferring taxing unit would be prohibited from
foreclosure or judicial sale.
(3) Insert the following appropriately numbered section and
renumber subsequent sections accordingly:
SECTION ____. Section 33.11, Tax Code, is amended to read as
follows:
Sec. 33.11. EARLY ADDITIONAL PENALTY FOR COLLECTION COSTS
FOR TAXES IMPOSED ON PERSONAL PROPERTY. (a) In addition to the
authority granted by Section 33.07, in order to defray costs of
collection, the governing body of a taxing unit or appraisal
district in the manner required by law for official action may
provide that taxes imposed on tangible personal property that
become delinquent on or after February 1 of a year incur an
additional penalty on a date that occurs before July 1 of the year
in which the taxes become delinquent if:
(1) the taxing unit or appraisal district or another
unit that collects taxes for the unit has contracted with an
attorney under Section 6.30; and
(2) the taxes on the personal property become subject
to the attorney's contract before July 1 of the year in which the
taxes become delinquent.
(b) A penalty imposed under Subsection (a) is incurred by
the delinquent taxes on the later of:
(1) the date those taxes become subject to the
attorney's contract; or
(2) 60 days after the date the taxes become
delinquent.
(c) The amount of the penalty may not exceed the amount of
the compensation specified in the contract with the attorney to be
paid in connection with the collection of the delinquent taxes.
(d) A tax lien attaches to the property on which the tax is
imposed to secure payment of the penalty.
(e) If a penalty is provided under this section, a taxing
unit or appraisal district may not:
(1) recover attorney's fees in a suit to collect
delinquent taxes subject to the penalty, or
(2) impose an additional penalty under Section 33.07
on a delinquent personal property tax.
(f) If the governing body of a taxing unit or appraisal
district provides for a penalty under this section, a tax bill
relating to tangible personal property that is sent under Section
31.01 must include a notice of the penalty and the date on which it
is incurred the collector for the taxing unit or appraisal district
shall send a notice of the penalty to the property owner. The
notice shall state the date on which the penalty is incurred, and
the tax collector shall deliver the notice at least 30 and not more
than 60 days before that date. If the amount of personal property
tax, penalty and interest owed to all taxing units for which the tax
collector collects exceeds $10,000 on a single account identified
by a unique property identification number, the notice regarding
that account must be delivered by certified mail, return receipt
requested. All other notices under this section may be delivered by
regular first-class mail.
(g) The authority granted to taxing units and appraisal
districts under this section is to be construed as an alternative,
with regards to delinquent personal property taxes, to the
authority given by Section 33.07.
(4) On page 13, line 3, strike Subsection (6) in its
entirety and replace with the following:
(6) requiring, at the time the foreclosure notices
required by Subdivision (5) are served on the property owner, the
transferee to serve a copy of the foreclosure notices in the same
manner on the mortgage servicer or the holder of all recorded real
property liens encumbering the property that includes on the first
page, in 14-point boldfaced type or 14-point uppercase typewritten
letters, a statement that reads substantially as follows:
"PURSUANT TO TEXAS TAX CODE SECTION 32.06, THE
FORECLOSURE SALE REFERRED TO IN THIS DOCUMENT IS A SUPERIOR
TRANSFER TAX LIEN SUBJECT TO RIGHT OF REDEMPTION UNDER
CERTAIN CONDITIONS. THE FORECLOSURE IS SCHEDULED TO OCCUR ON
THE (DATE)."
(5) On page 13, line 24, strike Subsection (f) in its
entirety and replace with the following:
(f) Before accepting an application fee or executing a
contract, [The first written communication by the lender] the
transferee shall disclose to the transferee's [its] prospective
borrower [shall disclose] each type and the amount [types] of
possible additional charges or fees that may be incurred by the
borrower in connection with the loan or contract under this
section.