81R4557 JE-D
 
  By: Seliger S.B. No. 1359
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to forfeiture of remedy for nonpayment of ad valorem
  taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 42.08, Tax Code, is amended by amending
  Subsection (d) and adding Subsections (e) and (f) to read as
  follows:
         (d)  After filing an oath of inability to pay the taxes at
  issue, a party may be excused from the requirement of prepayment of
  tax as a prerequisite to appeal if the court, after notice and
  hearing, finds that such prepayment would constitute an
  unreasonable restraint on the party's right of access to the
  courts. On the motion of a party and after the movant's compliance
  with Subsection (e), the court shall hold a hearing to review and
  determine compliance with this section, and the reviewing court may
  set such terms and conditions on any grant of relief as may be
  reasonably required by the circumstances. If the court determines
  that the property owner has not substantially complied with this
  section, the court shall dismiss the pending action. If the court
  determines that the property owner has substantially but not fully
  complied with this section, the court shall dismiss the pending
  action unless the property owner fully complies with the court's
  determination within 30 days of the determination.
         (e)  Not later than the 45th day before the date of a hearing
  to review and determine compliance with this section, the movant
  must mail notice of the hearing by certified mail, return receipt
  requested, to the collector for each taxing unit that imposes taxes
  on the property.
         (f)  Regardless of whether the collector for the taxing unit
  receives a notice under Subsection (e), a taxing unit that imposes
  taxes on the property may intervene in an appeal under this chapter
  and participate in the proceedings for the limited purpose of
  determining whether the property owner has complied with this
  section. The taxing unit is entitled to process for witnesses and
  evidence and to be heard by the court.
         SECTION 2.  (a)  Except as provided by Subsection (b) of this
  section:
               (1)  the change in law made by this Act applies only to
  an appeal under Chapter 42, Tax Code, that is filed on or after the
  effective date of this Act; and
               (2)  an appeal under Chapter 42, Tax Code, that was
  filed before the effective date of this Act is governed by the law
  in effect on the date the appeal was filed, and the former law is
  continued in effect for that purpose.
         (b)  Section 42.08(f), Tax Code, as added by this Act,
  applies to an appeal under Chapter 42, Tax Code, that is:
               (1)  filed on or after the effective date of this Act;
  or
               (2)  pending on the effective date of this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.