Bill Text: TX SB2427 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the collection of delinquent ad valorem taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Property Tax [SB2427 Detail]
Download: Texas-2019-SB2427-Introduced.html
86R6641 TJB-F | ||
By: Bettencourt | S.B. No. 2427 |
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relating to the collection of delinquent ad valorem taxes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 31.06, Tax Code, is amended by amending | ||
Subsection (a) and adding Subsection (e) to read as follows: | ||
(a) Except as provided by Section 31.061, taxes are payable | ||
only as provided by this section. Except as provided by Subsection | ||
(e), a [ |
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or money order in payment of taxes and shall accept payment by | ||
credit card or electronic funds transfer. | ||
(e) A collector may adopt a written policy that requires | ||
payment of taxes, penalties, interest, attorney's fees, court | ||
costs, and other costs and expenses, including costs and expenses | ||
under Section 33.48, only with United States currency, a cashier's | ||
check, or a certified check if the payment relates to: | ||
(1) personal property seized under Subchapter B, | ||
Chapter 33; | ||
(2) property subject to an order of sale under | ||
Subchapter C, Chapter 33; or | ||
(3) real property seized under Subchapter E, Chapter | ||
33. | ||
SECTION 2. Section 33.56, Tax Code, is amended by amending | ||
Subsections (c), (d), (e), and (f) and adding Subsection (g) to read | ||
as follows: | ||
(c) If [ |
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sale of the property subject to a petition filed under this section | ||
has not occurred, a copy of the petition must be served in a manner | ||
authorized by Rule 21a, Texas Rules of Civil Procedure, on each | ||
party named in the judgment for foreclosure of the tax lien on the | ||
property. The court in which the petition is filed may grant the | ||
petition only if no party named in the judgment files an objection | ||
to granting the petition with the court on or before the 30th day | ||
after the date the notice is served on each party [ |
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(d) If a tax sale of the property subject to a petition filed | ||
under this section has occurred, the court in which the petition is | ||
filed must conduct a hearing on the petition unless the purchaser of | ||
the property at the tax sale or from the taxing unit to which the | ||
property was bid off, as applicable, consents to the court's | ||
granting of the petition [ |
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(e) For the purpose of Subsection (d), the consent of a | ||
purchaser may be demonstrated by: | ||
(1) a written memorandum or answer of the purchaser | ||
filed with the court; | ||
(2) the purchaser's joinder in the petition; or | ||
(3) the signature of the purchaser to an agreed order | ||
to grant the petition [ |
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(f) If the purchaser does not consent to the granting of a | ||
petition filed under this section, a copy of the petition shall be | ||
served on the purchaser in: | ||
(1) the manner provided by Rule 106, Texas Rules of | ||
Civil Procedure; or | ||
(2) a manner provided by the Civil Practice and | ||
Remedies Code, the Business Organizations Code, or the Estates | ||
Code. | ||
(g) If a court grants a [ |
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section, the court shall enter an order providing that: | ||
(1) the judgment, any tax sale based on that judgment, | ||
and any subsequent resale are vacated; | ||
(2) any applicable tax deed or applicable resale deed | ||
is canceled; | ||
(3) the delinquent tax suit is revived; [ |
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(4) except in a case in which judgment is vacated under | ||
Subsection (a)(4), the taxes, penalties, interest, and attorney's | ||
fees and costs, and the liens that secure each of those items, are | ||
reinstated; and | ||
(5) if the property subject to the petition has been | ||
sold at a tax sale or by the taxing unit to which the property was | ||
bid off, the purchaser is refunded the amount paid for the property | ||
at the sale or to the taxing unit not later than the 60th day after | ||
the date the order is signed. | ||
SECTION 3. Section 34.01, Tax Code, is amended by amending | ||
Subsections (a), (b), (f), and (r) and adding Subsection (r-3) to | ||
read as follows: | ||
(a) Real or personal property seized under a tax warrant | ||
issued under Subchapter B or E, Chapter 33, or ordered sold pursuant | ||
to a judgment for foreclosure of a tax lien shall be sold by the | ||
officer charged with selling the property, unless otherwise | ||
directed by the taxing unit that requested the warrant or order of | ||
sale or by an authorized agent or attorney for that unit. The sale | ||
shall be conducted in the manner similar property is sold under | ||
execution except as otherwise provided by this subtitle. | ||
(b) On receipt of an order of sale of real or personal | ||
property, the officer charged with selling the property shall | ||
endorse on the order the date and exact time when the officer | ||
received the order. The endorsement is a levy on the property | ||
without necessity for going upon the ground. The officer shall | ||
calculate the total amount due under the judgment, including all | ||
taxes, penalties, and interest, plus any other amount awarded by | ||
the judgment, court costs, and the costs of the sale. The costs of a | ||
sale include the costs of advertising, and any deed recording fees | ||
anticipated to be paid in connection with the sale of the property. | ||
To assist the officer in making the calculation, the collector of | ||
any taxing unit that is party to the judgment may provide the | ||
officer with a certified tax statement showing the amount of the | ||
taxes included in the judgment that remain due that taxing unit and | ||
all penalties, interest, and attorney's fees provided by the | ||
judgment as of the date of the proposed sale. If a certified tax | ||
statement is provided to the officer, the officer shall rely on the | ||
amount included in the statement and is not responsible or liable | ||
for the accuracy of the applicable portion of the calculation. A | ||
certified tax statement is not required to be sworn to and is | ||
sufficient if the tax collector or the collector's deputy signs the | ||
statement. | ||
(f) A notice of sale of real property is not required to | ||
include field notes describing the property. A description of the | ||
property is sufficient if the notice: | ||
(1) states the number of acres and identifies the | ||
original survey; | ||
(2) as to property located in a platted subdivision or | ||
addition, regardless of whether the subdivision or addition is | ||
recorded, states the name by which the land is generally known with | ||
reference to that subdivision or addition; or | ||
(3) by reference adopts the description of the | ||
property contained in the judgment. | ||
(r) Except as provided by Subsection (a-1) and this | ||
subsection, a sale of real property under this section must take | ||
place at the county courthouse in the county in which the real | ||
property [ |
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may designate an area other than an area at the county courthouse | ||
where sales under this section will take place that is in a public | ||
place within a reasonable proximity of the county courthouse as | ||
determined by the commissioners court and in a location as | ||
accessible to the public as the courthouse door. The commissioners | ||
court shall record that designation in the real property records of | ||
the county. A designation by a commissioners court under this | ||
section is not a ground for challenging or invalidating any sale. A | ||
sale must be held at an area designated under this subsection if the | ||
sale is held on or after the 90th day after the date the designation | ||
is recorded. | ||
(r-3) Notwithstanding Subsection (r), the sale of personal | ||
property, including a manufactured home, may be conducted at the | ||
same place as the sale of real property under Subsection (r) or at | ||
the location of the personal property. | ||
SECTION 4. Section 33.56, Tax Code, as amended by this Act, | ||
applies only to a petition to vacate a judgment for foreclosure of a | ||
tax lien that is filed under that section on or after the effective | ||
date of this Act. A petition to vacate a judgment for foreclosure of | ||
a tax lien that is filed before the effective date of this Act is | ||
governed by the law in effect on the date the petition is filed, and | ||
the former law is continued in effect for that purpose. | ||
SECTION 5. 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, 2019. |