Bill Text: TX HB1118 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the resale of property purchased by a taxing unit at a tax sale.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2011-06-17 - Effective immediately [HB1118 Detail]
Download: Texas-2011-HB1118-Enrolled.html
| H.B. No. 1118 | ||
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| relating to the resale of property purchased by a taxing unit at a | ||
| tax sale. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 33.52(d), Tax Code, is amended to read as | ||
| follows: | ||
| (d) Except as provided by Section 34.05(k), a [ |
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| unit's claim for taxes that become delinquent after the date of the | ||
| judgment is not affected by the entry of the judgment or a tax sale | ||
| conducted under that judgment. Those taxes may be collected by any | ||
| remedy provided by this title. | ||
| SECTION 2. Section 34.05, Tax Code, is amended by adding | ||
| Subsections (j), (k), and (l) to read as follows: | ||
| (j) In lieu of a sale pursuant to Subsections (c) and (d), | ||
| the taxing unit that purchased the property may sell the property at | ||
| a private sale for an amount equal to or greater than its market | ||
| value, as shown by the most recent certified appraisal roll, if: | ||
| (1) the sum of the amount of the judgment plus | ||
| post-judgment taxes, penalties, and interest owing against the | ||
| property exceeds the market value; and | ||
| (2) each taxing unit entitled to receive proceeds of | ||
| the sale consents to the sale for that amount. | ||
| (k) A sale under Subsection (j) discharges and extinguishes | ||
| all liens foreclosed by the judgment and, with the exception of the | ||
| prorated tax for the current year that is assessed under Section | ||
| 26.10, the liens for post-judgment taxes that accrued from the date | ||
| of judgment until the date the taxing unit purchased the property. | ||
| The presiding officer of a taxing unit selling real property under | ||
| Subsection (j) shall execute a deed to the property conveying to the | ||
| purchaser the right, title, and interest acquired or held by each | ||
| taxing unit that was a party to the judgment foreclosing tax liens | ||
| on the property. The conveyance is subject to any remaining right of | ||
| redemption at the time of the sale and to the purchaser's obligation | ||
| to pay the prorated taxes for the current year as provided by | ||
| Section 26.10. The deed must recite that the liens foreclosed by the | ||
| judgment and the post-judgment tax liens are discharged and | ||
| extinguished by virtue of the conveyance. | ||
| (l) A taxing unit that does not consent to a sale under | ||
| Subsection (j) is liable to the taxing unit that purchased the | ||
| property for a pro rata share of the costs incurred by the | ||
| purchasing unit in maintaining the property, including the costs of | ||
| preventing the property from becoming a public nuisance, a danger | ||
| to the public, or a threat to the public health. The nonconsenting | ||
| unit's share of the costs described by this subsection is | ||
| calculated from the date the unit fails to consent to the sale and | ||
| is equal to the percentage of the proceeds from a sale of the | ||
| property to which the nonconsenting unit would be entitled | ||
| multiplied by the costs incurred by the purchasing unit to maintain | ||
| the property. | ||
| SECTION 3. The change in law made by this Act applies to | ||
| real property sold to a taxing unit that is a party to a judgment to | ||
| foreclose a tax lien regardless of whether the judgment was entered | ||
| before, on, or after the effective date of this Act. | ||
| SECTION 4. 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, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1118 was passed by the House on April | ||
| 19, 2011, by the following vote: Yeas 143, Nays 1, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1118 was passed by the Senate on May | ||
| 25, 2011, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
