|
|
|
|
AN ACT
|
|
relating to the sale of certain real property at an ad valorem tax |
|
sale and to the right of redemption in connection with that real |
|
property. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter C, Chapter 33, Tax Code, is amended by |
|
adding Section 33.58 to read as follows: |
|
Sec. 33.58. ALTERNATIVE NOTICE OF FORECLOSURE FOR PARCELS |
|
IN CERTAIN MUNICIPALITIES. (a) This section may be invoked and |
|
used by one or more taxing units if there are delinquent taxes, |
|
penalties, interest, and attorney's fees owing to a taxing unit on a |
|
parcel of real property and there are five or more years for which |
|
delinquent taxes are owed on the parcel, if the parcel is located in |
|
a municipality having a population of more than 100,000 that is |
|
situated in two or more counties, at least two of which have a |
|
population of more than one million, and in a subdivision having an |
|
average lot size of one-fifth of an acre or less. |
|
(b) If a taxing unit invokes this section, the procedures |
|
and other provisions of Section 33.57 apply except as otherwise |
|
provided by this section. |
|
(c) Notwithstanding Section 33.57(c), a petition for |
|
foreclosure under this section is sufficient if it is in |
|
substantially the form prescribed by Section 33.43 and further |
|
alleges the grounds for invoking this section provided by |
|
Subsection (a). |
|
(d) Notwithstanding Section 33.57(e), a court shall approve |
|
a motion under Section 33.57(d) if the documents in support of the |
|
motion show that the grounds for invoking this section provided by |
|
Subsection (a) exist. |
|
(e) If a taxing unit's petition includes multiple parcels of |
|
property and if requested by the taxing unit, the court's order of |
|
sale shall provide that the officer conducting the sale shall sell |
|
the parcels in solido, regardless of whether the parcels adjoin one |
|
another or have common ownership. |
|
(f) If the officer conducting the sale of the property is |
|
ordered to sell the property in solido under Subsection (e), the |
|
officer shall use, in calculating the minimum bid amount under |
|
Section 33.50(b) or (c), as appropriate: |
|
(1) the aggregate of all amounts awarded against the |
|
multiple parcels of property as the aggregate amount of the |
|
judgments; or |
|
(2) the aggregate of the adjudged market values of the |
|
multiple parcels of property as the market value of the property |
|
stated in the judgment. |
|
(g) If multiple parcels of property are sold in solido under |
|
an order of sale issued under Subsection (e), the amounts |
|
prescribed by Section 34.21 that must be paid in redeeming property |
|
shall, for the purpose of redeeming an individual parcel of |
|
property, be in an amount equal to the taxes, penalties, interest, |
|
and attorney's fees adjudged against that individual parcel. |
|
(h) This section expires September 1, 2017. |
|
SECTION 2. The change in law made by this Act applies only |
|
to an action brought on or after the effective date of this Act. |
|
SECTION 3. This Act takes effect September 1, 2007. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 1899 was passed by the House on April |
|
5, 2007, by the following vote: Yeas 137, Nays 0, 2 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 1899 on May 24, 2007, by the following vote: Yeas 142, Nays 2, |
|
2 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 1899 was passed by the Senate, with |
|
amendments, on May 22, 2007, by the following vote: Yeas 30, Nays |
|
0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |