Bill Text: TX SB1285 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the procedure for the sale by auction of real property pursuant to foreclosure of a tax lien.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-16 - Left pending in committee [SB1285 Detail]
Download: Texas-2019-SB1285-Introduced.html
86R9336 SMT-F | ||
By: Bettencourt | S.B. No. 1285 |
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relating to the procedure for the sale by auction of real property | ||
pursuant to foreclosure of a tax lien. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 34.01(b) and (p), Tax Code, are amended | ||
to read as follows: | ||
(b) On receipt of an order of sale of real 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, a licensed auctioneer's commission and fees, | ||
and 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. | ||
(p) Except as provided by Subsection (o), property seized | ||
under Subchapter E, Chapter 33, may not be sold for an amount that | ||
is less than the lesser of the market value of the property as | ||
specified in the warrant or the total amount of taxes, penalties, | ||
interest, costs, auctioneer's commission and fees, and other claims | ||
for which the warrant was issued. If a sufficient bid is not | ||
received by the officer making the sale, the officer shall bid off | ||
the property to a taxing unit in the manner specified by Subsection | ||
(j) and subject to the other provisions of that subsection. A | ||
taxing unit that takes title to property under this subsection | ||
takes title for the use and benefit of that taxing unit and all | ||
other taxing units that established tax liens in the suit or that, | ||
on the date of the seizure, were owed delinquent taxes on the | ||
property. | ||
SECTION 2. The changes in law made by this Act apply only to | ||
the sale of real property under Section 34.01, Tax Code, for which | ||
notice is given on or after the effective date of this Act. | ||
SECTION 3. 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. |