Bill Text: TX HB2197 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the purchase of property as part of a homestead land bank program.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2011-05-18 - Left pending in committee [HB2197 Detail]
Download: Texas-2011-HB2197-Introduced.html
82R1409 JAM-D | ||
By: Rodriguez | H.B. No. 2197 |
|
||
|
||
relating to the purchase of property as part of a homestead land | ||
bank program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 373A.208, Local Government Code, is | ||
amended by amending Subsections (a), (g), and (h) and adding | ||
Subsection (g-1) to read as follows: | ||
(a) Notwithstanding any other law and except as provided by | ||
Subsection (f), property that is ordered sold pursuant to | ||
foreclosure of a tax lien may be sold in a private sale to a land | ||
bank by the officer charged with the sale of the property without | ||
first offering the property for sale as otherwise provided by | ||
Section 34.01, Tax Code, if: | ||
(1) [ |
||
|
||
|
||
|
||
|
||
|
||
[ |
||
building or with an uninhabitable building that is occupied as a | ||
residence by an owner or tenant who is legally entitled to occupy | ||
the building or buildings; | ||
(2) [ |
||
for a total of at least five years; and | ||
(3) [ |
||
taxing units that are parties to the tax suit an interlocal | ||
agreement that enables those units to agree to participate in the | ||
program while retaining the right to withhold consent to the sale of | ||
specific properties to the land bank. | ||
(g) The owner of the property subject to sale under this | ||
subchapter [ |
||
|
||
liability for a deficiency of the judgment as a result of the [ |
||
sale [ |
||
(g-1) The owner may not receive any proceeds of a sale under | ||
this subchapter unless the amount of sale proceeds exceeds the | ||
total amount due under the judgment, including all taxes, | ||
penalties, and interest, plus the value of nontax liens held by a | ||
taxing unit and awarded by the judgment, court costs, and the cost | ||
of the sale, in which event the excess proceeds shall be distributed | ||
in the manner provided for excess proceeds of a sale under Chapter | ||
34, Tax Code, pursuant to the foreclosure of a tax lien. | ||
(h) Notwithstanding any other law, if consent is given by | ||
the taxing units that are a party to the judgment, property may be | ||
sold to the land bank for less than the market value of the property | ||
as specified in the judgment or less than the total of all taxes, | ||
penalties, and interest, plus the value of nontax liens held by a | ||
taxing unit and awarded by the judgment, court costs, and the cost | ||
of the sale. The taxing units may not consent to a sale for a | ||
reduced amount as authorized by this subsection if the market value | ||
of the property as appraised by the local appraisal district and as | ||
specified in the judgment of foreclosure exceeds the total amount | ||
due under the judgment, including all taxes, penalties, and | ||
interest, plus the value of nontax liens held by a taxing unit and | ||
awarded by the judgment, court costs, and the cost of the sale. | ||
SECTION 2. Section 373A.211(e), Local Government Code, is | ||
amended to read as follows: | ||
(e) If the land bank conveys the property to a qualified | ||
organization before the expiration of the period specified by the | ||
municipality under Subsection (d), the interlocal agreement | ||
executed under Section 373A.208(a)(3) [ |
||
tax abatement for the property until the expiration of that period. | ||
SECTION 3. Section 373A.208(c), Local Government Code, is | ||
repealed. | ||
SECTION 4. This Act takes effect September 1, 2011. |