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AN ACT
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relating to the authority of a taxing unit to sell certain seized or |
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foreclosed property to an owner of an abutting property without |
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conducting a public sale. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.43(a), Tax Code, is amended to read as |
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follows: |
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(a) A petition initiating a suit to collect a delinquent |
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property tax is sufficient if it alleges that: |
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(1) the taxing unit is legally constituted and |
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authorized to impose and collect ad valorem taxes on property; |
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(2) tax in a stated amount was legally imposed on each |
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separately described property for each year specified and on each |
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person named if known who owned the property on January 1 of the |
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year for which the tax was imposed; |
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(3) the tax was imposed in the county in which the suit |
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is filed; |
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(4) the tax is delinquent; |
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(5) penalties, interest, and costs authorized by law |
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in a stated amount for each separately assessed property are due; |
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(6) the taxing unit is entitled to recover each |
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penalty that is incurred and all interest that accrues on |
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delinquent taxes imposed on the property from the date of the |
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judgment to the date of the sale under Section 34.01 or 34.0101, or |
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under Section 253.010, Local Government Code, as applicable, if the |
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suit seeks to foreclose a tax lien; |
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(7) the person sued owned the property on January 1 of |
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the year for which the tax was imposed if the suit seeks to enforce |
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personal liability; |
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(8) the person sued owns the property when the suit is |
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filed if the suit seeks to foreclose a tax lien; |
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(9) the taxing unit asserts a lien on each separately |
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described property to secure the payment of all taxes, penalties, |
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interest, and costs due if the suit seeks to foreclose a tax lien; |
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(10) all things required by law to be done have been |
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done properly by the appropriate officials; and |
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(11) the attorney signing the petition is legally |
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authorized to prosecute the suit on behalf of the taxing unit. |
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SECTION 2. Subchapter A, Chapter 34, Tax Code, is amended by |
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adding Section 34.0101 to read as follows: |
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Sec. 34.0101. SALE OF CERTAIN PROPERTY TO OWNER OF ABUTTING |
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PROPERTY. (a) In this section: |
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(1) "Flood insurance rate map" means the most recent |
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flood hazard map published by the Federal Emergency Management |
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Agency under the National Flood Insurance Act of 1968 (42 U.S.C. |
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Section 4001 et seq.). |
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(2) "Floodway" means an area that is identified on the |
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flood insurance rate map as a regulatory floodway, including the |
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channel of a river or other watercourse and the adjacent land areas |
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that must be reserved for the discharge of a base flood, also |
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referred to as a 100-year flood, without cumulatively increasing |
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the water surface elevation more than a designated height. |
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(b) This section applies to real property: |
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(1) that is: |
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(A) seized under a tax warrant issued under |
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Subchapter E, Chapter 33; or |
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(B) ordered sold pursuant to foreclosure of a tax |
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lien; and |
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(2) that is: |
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(A) a narrow strip of land or other parcel of land |
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that because of its shape or small area cannot be used independently |
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under its current zoning classification or under applicable |
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subdivision or other development ordinances; |
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(B) landlocked without direct access to a public |
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road; or |
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(C) located in: |
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(i) an area designated by the Federal |
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Emergency Management Agency under the National Flood Insurance Act |
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of 1968 (42 U.S.C. Section 4001 et seq.) as having a two-tenths of |
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one percent or greater annual chance of flooding; or |
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(ii) a floodway. |
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(c) Sections 34.01(b), (c), (d), (e), (f), (g), (h), (i), |
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(m), (n), (q), and (s), 34.02, 34.03, 34.04, and 34.21 apply to a |
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sale of real property under this section. |
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(d) Notwithstanding any other law, including Sections |
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263.001 and 272.001, Local Government Code, and subject to |
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Subsection (e) of this section, a taxing unit that requested a tax |
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warrant or order of sale for real property subject to this section |
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may direct the officer charged with selling the property to sell the |
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property to an owner of abutting property at a private sale. |
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(e) A taxing unit may not direct the sale of real property at |
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a private sale under this section unless: |
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(1) the property is offered for sale at a public |
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auction; and |
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(2) a bid sufficient to pay the amount specified by |
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Subsection (h) is not received. |
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(f) A taxing unit that directs the private sale under this |
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section of real property that abuts two or more adjacent parcels of |
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real property having different owners must give notice of the sale |
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to each abutting owner. The notice must state that the taxing unit |
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will: |
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(1) offer the property for sale; |
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(2) accept sealed bids for the property; and |
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(3) sell the property to the highest bidder. |
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(g) A purchaser of property under this section must meet the |
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requirements of Section 34.015. |
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(h) A taxing unit that directs the sale of real property |
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under this section may not sell the property for an amount that is |
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less than the lesser of: |
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(1) the property's market value, as specified in the |
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warrant or the judgment, as applicable; or |
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(2) the following amount, as applicable: |
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(A) the amount provided by Section 34.01(p), in |
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the case of property described by Subsection (b)(1)(A) of this |
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section; or |
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(B) the amount provided by Section 34.01(b), in |
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the case of property described by Subsection (b)(1)(B) of this |
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section. |
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(i) A taxing unit that requested a tax warrant or order of |
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sale for real property subject to this section may sell the property |
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under this section without the consent of any taxing unit entitled |
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to receive proceeds of the sale. |
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SECTION 3. Sections 34.02(a) and (d), Tax Code, are amended |
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to read as follows: |
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(a) The proceeds of a tax sale under Section 33.94, [or] |
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34.01, or 34.0101 shall be applied in the order prescribed by |
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Subsection (b). The amount included under each subdivision of |
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Subsection (b) must be fully paid before any of the proceeds may be |
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applied to the amount included under a subsequent subdivision. |
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(d) The officer conducting a sale under Section 33.94, [or] |
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34.01, or 34.0101 shall pay any excess proceeds after payment of all |
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amounts due all participants in the sale as specified by Subsection |
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(b) to the clerk of the court issuing the warrant or order of sale. |
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SECTION 4. Section 33.43(a), Tax Code, as amended by this |
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Act, applies only to a petition initiating a suit to collect a |
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delinquent property tax filed on or after the effective date of this |
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Act. |
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SECTION 5. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2091 passed the Senate on |
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April 4, 2023, by the following vote: Yeas 30, Nays 1; and that |
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the Senate concurred in House amendment on May 26, 2023, by the |
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following vote: Yeas 28, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2091 passed the House, with |
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amendment, on May 19, 2023, by the following vote: Yeas 102, |
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Nays 41, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |