|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the joinder of a tax lien transferee in a suit to |
|
collect a delinquent ad valorem tax. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 32.06(i), Tax Code, is amended to read as |
|
follows: |
|
(i) Except as provided by Section 33.445, a [A] foreclosure |
|
of a tax lien transferred as provided by this section may not be |
|
instituted within one year from the date on which the lien is |
|
recorded in all counties in which the property is located, unless |
|
the contract between the owner of the property and the transferee |
|
provides otherwise. |
|
SECTION 2. Subchapter C, Chapter 33, Tax Code, is amended by |
|
adding Section 33.445 to read as follows: |
|
Sec. 33.445. JOINDER OF TAX LIEN TRANSFEREE. (a) A taxing |
|
unit acting under Section 33.44(a) shall also join each transferee |
|
of a tax lien against the property that may appear of record under |
|
Section 32.06. After the joinder, the transferee of the tax lien |
|
may file its claim and seek foreclosure in the suit for all amounts |
|
owed the transferee that are secured by the transferred tax lien, |
|
regardless of when the original transfer of tax lien was recorded or |
|
whether the original loan secured by the transferred tax lien is |
|
delinquent. In the alternative, the transferee may pay all taxes, |
|
penalties, interest, court costs, and attorney's fees owing to the |
|
taxing unit that filed the foreclosure suit and each other taxing |
|
unit that is joined. |
|
(b) In consideration of the payment by the transferee of |
|
those taxes and charges, each joined taxing unit shall transfer its |
|
tax lien to the transferee in the form and manner provided by |
|
Section 32.06(b) and enter its disclaimer in the suit. |
|
(c) On transfer of all applicable tax liens, the transferee |
|
may seek to foreclose the tax liens in the pending suit or in any |
|
other manner provided by Section 32.06, regardless of when the |
|
original transfer of tax lien was recorded or whether the original |
|
loan secured by the transferred tax lien is delinquent. The |
|
foreclosure may include all amounts owed to the transferee, |
|
including any amount secured by the original transfer of tax lien. |
|
(d) All liens held by a transferee who is joined under this |
|
section but fails to act in the manner provided by this section are |
|
extinguished, and the court's judgment shall reflect the |
|
extinguishment of those liens. |
|
SECTION 3. Section 33.445, Tax Code, as added by this Act, |
|
applies to a suit for foreclosure of an ad valorem tax lien that is |
|
pending on the effective date of this Act or that is brought on or |
|
after the effective date of this Act. |
|
SECTION 4. This Act takes effect September 1, 2009. |
|
|
|
* * * * * |