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