HBA-NLM, ALS C.S.H.B. 1563 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1563
By: Bosse
Land & Resource Management
5/6/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a plat, replat, vacation of a plat, or amendment of a
plat on a parcel of real property can be approved by a municipality or a
commissioners court even if there are delinquent ad valorem taxes owed on
the property.  The purpose of this bill is to prevent the subdivision of a
plat of property until all delinquent property taxes have been paid. 

C.S.H.B. 1563 prohibits a county clerk or deputy from recording a plat or
replat unless it is approved as provided by law by the appropriate
authority and unless the plat or replat has attached to it the documents
required by the Local Government Code. In addition, this bill prohibits a
person from filing for record or having recorded in the county clerk's
office a plat or replat of a subdivision of real property unless the plat
or replat has attached to it a original tax certificate from each taxing
unit with jurisdiction of the real property indicating that no delinquent
ad valorem taxes are owed on the real property. This provision does not
apply if more than one person acquired the real property from a decedent
under a will or by inheritance and those persons owning an undivided
interest in the property obtained approval to subdivide the property to
provide each person with a divided interest and a separate title to the
property. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 12.002, Property Code, as follows:

(a) Prohibits a county clerk or deputy from recording a plat or replat
unless it is approved as provided by law by the appropriate authority and
unless the plat or replat has attached to it the documents required by
Subsection (e) or Section 232.023 (Plat Required), Local Government Code,
rather than 232.0035.  Makes nonsubstantive changes. 

(b) Makes a conforming change.

(c) Makes a conforming change.

(e) Prohibits a person from filing for record or having recorded in the
county clerk's office a plat or replat of a subdivision of real property
unless the plat or replat has attached to it an original tax certificate
from each taxing unit with jurisdiction of the real property indicating
that no delinquent ad valorem taxes are owed on the real property.
Provides that this subsection does not apply if more than one person
acquired the real property from a decedent under a will or by inheritance
and those persons owning an undivided interest in the property obtained
approval to subdivide the property to provide each person with a divided
interest and a separate title to the property. 

(f) Redesignated from existing Subsection (e). Provides that a person
commits an offense if the person violates Subsection (e).  Makes a
nonsubstantive change. 

(g) Redesignated from existing Subsection (f).

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.


 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1563 modifies the original by adding a new SECTION 1 (Section
12.002, Property Code) to prohibit a county clerk or deputy from recording
a plat or replat unless it is approved as provided by law by the
appropriate authority and unless the plat or replat has attached to it the
documents required by Subsection (e) or Section 232.023, Local Government
Code, rather than 232.0035. The substitute prohibits a person from filing
for record or having recorded in the county clerk's office a plat or replat
of a subdivision of real property unless the plat or replat has attached to
it an original tax certificate from each taxing unit with jurisdiction of
the real property indicating that no delinquent ad valorem taxes are owed
on the real property, and provides that a person commits an offense if the
person violates this provision. The substitute provides that this section
does not apply if more than one person acquired the real property from a
decedent under a will or by inheritance and those persons owning an
undivided interest in the property obtained approval to subdivide the
property to provide each person with a divided interest and a separate
title to the property.  In addition, the substitute makes conforming and
nonsubstantive changes. 


C.S.H.B. 1563 removes SECTION 1 of the original, which amended Subchapter
Z, Chapter 212, Local Government Code, by adding Section 212.905, as
follows: 

Sec.  212.905.  TAX CERTIFICATES REQUIRED.  Prohibits a municipal authority
from approving a plat, replat, vacation of a plat, or amendment of a plat
of real property under this chapter unless the person who requests the
approval submits an original tax certificate from each taxing unit with
jurisdiction of the property showing that the real property has no
delinquent ad valorem taxes.  Provides that this section does not apply in
a case in which more than one person acquired an undivided interest in the
real property under a will or by inheritance and those persons request
approval to subdivide the property in order to provide each person with a
divided interest and a separate title to the property. 

C.S.H.B. 1563 removes SECTION 2 of the original, which amended Subchapter
Z, Chapter 232, Local Government Code, by adding Section 232.901, as
follows: 

SUBCHAPTER Z. MISCELLANEOUS

Sec. 232.901.  TAX CERTIFICATES REQUIRED.  Prohibits the commissioners
court of a county from approving a plat, replat, vacation of a plat, or
amendment of a plat of real property under this chapter unless the person
who requests the approval submits an original tax certificate from each
taxing unit with jurisdiction of the property showing that the real
property has no delinquent ad valorem taxes.  Provides that this section
does not apply in a case in which more than one person acquired an
undivided interest in the real property under a will or by inheritance and
those persons request approval to subdivide the property in order to
provide each person with a divided interest and a separate title to the
property.   

C.S.H.B. 1563 redesignates  SECTION 3 (effective date) of the original to
new SECTION 2 in the substitute, and deletes text regarding the specific
application of this Act. 

C.S.H.B. 1563 redesignates  SECTION 4 (emergency clause) of the original to
new SECTION 3  in the substitute.