79R8479 SMH-D
By: Howard H.B. No. 3058
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of persons to participate in the public
sale of certain real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 34.0445(a) and (c), Civil Practice and
Remedies Code, are amended to read as follows:
(a) An officer conducting a sale of real property under this
subchapter may not execute or deliver 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:
(1) there are no delinquent ad valorem taxes owed by
the person to that county on property the person currently owns; and
(2) 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 on property the person currently owns.
(c) The deed executed by the officer conducting the sale
must 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:
(1) there are no delinquent ad valorem taxes owed by
the person to that county on property the person currently owns; and
(2) 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 on property the person currently owns.
SECTION 2. Sections 34.015(b)-(i) and (l), Tax Code, are
amended to read as follows:
(b) An officer conducting a sale of real property under
Section 34.01 may not execute a deed in the name of or deliver a deed
to any person other than the person who was the successful bidder.
The officer may not execute or deliver 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:
(1) there are no delinquent taxes owed by the person to
that county on property the person currently owns; and
(2) 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 on property the person currently owns.
(c) On the written request of any person, a county
assessor-collector shall 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 on property the person currently owns. A request for the
issuance of a statement by the county assessor-collector under this
subsection must:
(1) sufficiently identify any property subject to
taxation by the county or by a school district or municipality
having territory in the county, regardless of whether the property
is located in the county, that the person currently owns [or
formerly owned] so that the county assessor-collector and the
collector for each school district or municipality having territory
in the county may determine whether the property is included on a
current or a cumulative delinquent tax roll for the county, the
school district, or the municipality under Section 33.03;
(2) specify the address to which the county
assessor–collector should send the statement;
(3) include any additional information reasonably
required by the county assessor-collector; and
(4) be sworn to and signed by the person requesting the
statement.
(d) On receipt of a request under Subsection (c), the county
assessor-collector shall 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 on property the person currently
owns. The county assessor-collector shall specify the date by
which the collector must respond to the request.
(e) If the county assessor-collector determines that there
are delinquent taxes owed to the county on property the person
currently owns, the county assessor-collector shall include in the
statement issued under Subsection (c) the amount of delinquent
taxes owed by the person to that county on that property. If the
county assessor-collector 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 on
property the person currently owns, the assessor-collector shall
include in the statement issued under Subsection (c) the amount of
delinquent taxes owed by the person to that school district or
municipality on the property.
(f) If the county assessor-collector receives a response
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, the county assessor-collector shall include in the
statement issued under Subsection (c):
(1) the amount of delinquent taxes owed by the person
to that school district or municipality on the property; and
(2) the name and address of the collector for that
school district or municipality.
(g) 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 on property the person
currently owns, the county assessor-collector shall 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 on property the person currently owns.
(h) If the county assessor-collector receives a response
from the collector for any school district or municipality having
territory in that county indicating that there are no delinquent ad
valorem taxes owed by the person to that school district or
municipality on property the person currently owns, the county
assessor-collector shall indicate in the statement issued under
Subsection (c) that there are no delinquent ad valorem taxes owed by
the person to that school district or municipality on property the
person currently owns.
(i) 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, the county assessor-collector
shall 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 on property the person currently
owns.
(l) The deed executed by the officer conducting the sale
must 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:
(1) there are no delinquent ad valorem taxes owed by
the person to that county on property the person currently owns; and
(2) 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 on property the person currently owns.
SECTION 3. This Act takes effect September 1, 2005.