HBA-JRA H.B. 3549 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3549
By: Heflin
Ways & Means
4/10/1999
Introduced



BACKGROUND AND PURPOSE 

The Tax Code contains provisions governing redemptions in delinquent tax
suits, procedures to be followed in collecting delinquent taxes, tax sales,
and  proceeds from tax sales.  Over the past few years, case law has
determined that some of these procedures outlined in the Tax Code are not
explicit enough in directing parties in property tax cases.  Some current
practices in this area are more accurately governed by case law, rather
than statutory law. 

The purpose of H.B. 3549 is to clarify directive actions in the
administration of property taxes, codify current practice in case law into
statutory law, and make perfecting technical amendments to the Tax Code,
and repeal duplicative sections enacted by the 75th Texas Legislature. 

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 25.06, Tax Code, to  require that property
subject to an installment contract of sale be listed under the name of the
seller if the installment contract is not filed of record in the real
property records of the county, unless otherwise directed in writing under
Section 1.111(f) (Representation of Property Owner) of this code. 

SECTION 2.  Amends Section 31.03, Tax Code, by adding Subsections (d) and
(e), as follows: 

(d)  Authorizes the governing body of a taxing unit or appraisal district
which has by official action imposed the additional penalty provided by
Section 33.07 (Additional Penalty for Collection Costs) of this code and
has also provided for the split payment under this section to further
provide that taxes subject to this section (Split Payment of Taxes) that
become delinquent on July 1 incur an additional penalty if the taxing unit
or appraisal district or another taxing unit that collects taxes for the
unit has contracted with an attorney pursuant to Section 6.30 (Attorneys
Representing Taxing Units) of this code.  Provides that the penalty is to
defray costs and prohibits it from exceeding 15 percent of the amount of
taxes, penalty, and interest due. 

(e)  Provides that, upon delivery by the tax collector of a notice of
delinquency and of the additional penalty to the property owner, the
penalty is incurred on the first day of the next month following the
delinquency that will provide a period of at least 21 days after the date
of delivery of the notice.  Provides that a tax lien attaches to a property
on which the tax is imposed to secure payment of the additional penalty.
Prohibits a taxing unit or an appraisal district from recovering attorney's
fees in a suit to collect delinquent taxes subject to the penalty if the
taxing unit or appraisal district provides for the additional penalty under
this section. 

SECTION 3.  Amends Section 31.031, Tax Code, by adding Subsections (e) and
(f), as follows: 

(e)  Authorizes the governing body of a taxing unit or appraisal district
which has by official  action imposed the additional penalty provided by
Section 33.07 (Additional Penalty for Collection Costs) of this code and
has also provided for the split payment under this section to further
provide that taxes subject to this section (Installment Payments of Certain
Homestead Taxes) that become delinquent on July 1 incur an additional
penalty if the taxing unit or appraisal district or another taxing unit
that collects taxes for the unit has contracted with an attorney pursuant
to Section 6.30 (Attorneys Representing Taxing Units) of this code.
Provides that the penalty is to defray costs and prohibits it from
exceeding 15 percent of the amount of taxes, penalty, and interest due. 

(f)  Provides that, upon delivery by the tax collector of a notice of
delinquency and of the additional penalty to the property owner, the
penalty is incurred on the first day of the next month following the
delinquency that will provide a period of at least 21 days after the date
of delivery of the notice.  Provides that a tax lien attaches to a property
on which the tax is imposed to secure payment of the additional penalty.
Prohibits a taxing unit or an appraisal district from recovering attorney's
fees in a suit to collect delinquent taxes subject to the penalty if the
taxing unit or appraisal district provides for the additional penalty under
this section. 

SECTION 4.  Amends Section 31.032, Tax Code, by adding new Subsections (f)
and (g) and redesignating existing Subsections (f) and (g) to (h) and (I),
as follows: 

(f)  Authorizes the governing body of a taxing unit or appraisal district
which has by official action imposed the additional penalty provided by
Section 33.07 (Additional Penalty for Collection Costs) of this code and
has also provided for the split payment under this section to further
provide that taxes subject to this section (Installment Payments of Taxes
on Property in Disaster Area) that become delinquent on July 1 incur an
additional penalty if the taxing unit or appraisal district or another
taxing unit that collects taxes for the unit has contracted with an
attorney pursuant to Section 6.30 (Attorneys Representing Taxing Units) of
this code.  Provides that the penalty is to defray costs and prohibits it
from exceeding 15 percent of the amount of taxes, penalty, and interest
due. 

(g)  Provides that, upon delivery by the tax collector of a notice of
delinquency and of the additional penalty to the property owner, the
penalty is incurred on the first day of the next month following the
delinquency that will provide a period of at least 21 days after the date
of delivery of the notice.  Provides that a tax lien attaches to a property
on which the tax is imposed to secure payment of the additional penalty.
Prohibits a taxing unit or an appraisal district from recovering attorney's
fees in a suit to collect delinquent taxes subject to the penalty if the
taxing unit or appraisal district provides for the additional penalty under
this section. 

(h)  Redesignated from existing Subsection (f).

(I)  Redesignated from existing Subsection (g).

SECTION 5.  Amends Section 31.04, Tax Code, by adding Subsections (f) and
(g), as follows: 

(f)  Authorizes the governing body of a taxing unit or appraisal district
which has by official action imposed the additional penalty provided by
Section 33.07 (Additional Penalty for Collection Costs) of this code and
has also provided for the split payment under this section to further
provide that taxes subject to this section (Postponement of Delinquency
Date) that become delinquent on July 1 incur an additional penalty if the
taxing unit or appraisal district or another taxing unit that collects
taxes for the unit has contracted with an attorney pursuant to Section 6.30
(Attorneys Representing Taxing Units) of this code.  Provides that the
penalty is to defray costs and prohibits it from exceeding 15 percent of
the amount of taxes, penalty, and interest due. 

(g)  Provides that, upon delivery by the tax collector of a notice of
delinquency and of the additional penalty to the property owner, the
penalty is incurred on the first day of the next month following the
delinquency that will provide a period of at least 21 days after the date
of delivery of the notice.  Provides that a tax lien attaches to a property
on which the tax is imposed to secure payment of the additional penalty.
Prohibits a taxing unit or an appraisal district from recovering attorney's
fees in a suit to collect delinquent taxes subject to the penalty if the
taxing unit or appraisal district provides for the additional penalty under
this section. 

SECTION 6.  Amends Chapter 31, Tax Code, by adding Section 31.081, as
follows: 

Sec. 31.081.  PROPERTY TAX COLLECTION ON TERMINATION OR SALE OF BUSINESS.
(a)  Requires the successor to a person who is liable under this title
(Property Tax Code) for the payment of taxes assessed against personal
property used in the operation of a business who sells the business or
inventory of the business or quits the business to withhold an amount of
the purchase price sufficient to pay all of the personal property taxes,
penalties, and interest due until the seller provides a receipt from the
tax collector showing that the taxes, penalties, and interest have been
paid or provides a tax certificate under Section 31.08 (Tax Certificate) of
this code stating that no amount is due. 

(b)  Provides that the purchaser of a business or inventory who fails to
withhold an amount of the purchase price as required by this section is
liable for the amount required to be withheld to the extent of the value of
the purchase price. 

(c)  Authorizes the purchaser of a business or inventory to request that
the tax collector issue a tax certificate stating that no tax is due or
issue a statement of the amount required to be paid in order to obtain a
certificate that no tax is due.  Requires the tax collector to issue the
certificate or statement within 10 days after receiving the request. 

(d)  Provides that the purchaser is released from the obligation if the tax
collector fails to mail the certificate or statement within the prescribed
period. 

(e)  Provides that any action to enforce the obligation of a purchaser
under this section must be brought within four years of the sale of the
business or inventory and is subject to a limitation plea by the purchaser
as to any taxes more than four years delinquent as of the date of issuance
of the tax collector's statement under Subsection (c). 

(f)  Prohibits this section from operating so as to absolve the seller of
personal liability under this title for payment of taxes. 

(g)  Defines "sale of a business."

(h)  Defines "sale of the inventory."

(I)  Defines "value of the purchase price."

SECTION 7.  Amends Section 31.12(a), Tax Code, to extend from 60 days to 90
days the period within which a taxing entity must pay tax refunds before
the refund accrues interest. 

SECTION 8.  Amends Section 32.01, Tax Code, to add a new Subsection (c) and
redesignate existing Subsection (c) to Subsection (d), as follows: 

(c)  Provides that, with respect to an owner's real property, the liens
under this section (Tax Lien) securing the taxes imposed on both the
homestead and the remainder of the property owned extend in solido to the
owner's entire property as described in the instrument or instruments of
conveyance. 

(d)  Redesignated from existing Subsection (c).

SECTION 9.  Amends Section 32.015(b), Tax Code, to provide that a lien for
which a notice is not timely filed is unenforceable against a bona fide
purchaser for value who is without notice and actual knowledge and a holder
of a lien recorded on the manufactured home document of title, rather than
extinguished and unenforceable without exception. 

SECTION 10.  Amends Section 32.05, Tax Code, by adding Subsections (d) and
(e), as follows: 

(d)  Defines "holder of a lien" in Subsection (b) of this section.

(e)  Prohibits "recorded restrictive covenants" from being construed to
include a lien perfected under those restrictive covenants and held by a
property owners' association or homeowners' association in Subsection (c)
of this section. 

SECTION 11.  Amends Sections 32.07(e) and (g), Tax Code, as follows:

(e)  Makes conforming and nonsubstantive changes.

(g)  Adds the definition of "the person who owns or acquires the property"
to the terms defined in this section. 

SECTION 12.  Amends Section 33.011(a), Tax Code, to authorize the governing
body of a taxing unit to delegate to the tax assessor-collector the
authority to waive penalties and interest on delinquent tax and subject to
any provisions by the governing body for limitations or restrictions on
that authority. 

SECTION 13.  Amends Section 33.04, Tax Code, by amending Subsections (b)
and (c) and adding Subsections (d), (e), and (f), as follows: 

(b)  Requires the tax collector for each taxing unit to mail a written
notice of delinquency in each year divisible by five, to each person whose
name and address is listed on the most recent certified appraisal roll if
the property so listed on that roll is shown by the tax collector's records
as having been delinquent more than one year and to each person who owes a
tax that has been delinquent more than one year on personal property or on
an interest in a mineral estate which is no longer listed on the current
appraisal roll under that person's name, but whose name and mailing address
are known to the collector. 

(c)  Makes conforming changes. 

(d)  Provides that a failure by the collector to deliver the required
notice constitutes an affirmative defense available to the person entitled
to the notice in any suit brought against that person for the enforced
collection of penalties and interest on taxes delinquent more than five
years or a multiple of five years. 

(e)  Provides that interest and penalty on a tax resumes and requires the
tax collector to collect it if, subsequent to any failure to deliver the
required notice, the tax collector delivers the notice in any year
divisible by five, notwithstanding the provisions of Subsection (d).
Provides that the resumption of interest and penalty on the tax is
prospective only and begins to accrue at the rates provided by Section
33.01 on the first day of the next month following the delivery of the
notice which will provide a period of at least 21 days after the date of
delivery. 

Deletes existing Subsection (c) which provides that penalties and interest
on a tax delinquent more than five years or a multiple of five years are
canceled and prohibits their collection if the collector has not delivered
the notice required by Subsection (b) of this section in each year that is
divisible by five following the date on which the tax first became
delinquent for one year. 
 
(f)  Provides that a notice under this section is presumed delivered when
it is deposited in regular first class mail, with postage prepaid, and
addressed to the person designated under Subsection (b).  Prohibits the
presumption of delivery under this section from being rebutted with
evidence of failure to receive the notice, notwithstanding the provisions
of Section 1.07 (Delivery of Notice) of this code. 
 
SECTION 14.  Amends Section 33.47(a), Tax Code, to provide that, in a suit
to collect a delinquent tax, a taxing unit's current tax roll and
delinquent tax roll or certified copies of the entries showing the property
and the penalties and interest imposes constitute prima facie evidence that
each person charged with a duty relating to the imposition of the penalties
and interest has complied with all requirements of law and that the amount
of penalties and interest alleged to be delinquent against the property
listed is the correct amount. 

SECTION 15.  Amends Section 33.50(b), Tax Code, to require an order of sale
for the foreclosure of a tax lien on property to prohibit the sale of the
property to a person owning an interest in the property or to any party to
the suit that is not a taxing unit unless that person or party is the
highest bidder at the tax sale and the bid by that person or party equals
or exceeds the aggregate amount of the judgments against the property,
including all costs of suit and sale. 

SECTION 16.  Repealer:  Section 33.51, Tax Code, as amended by Acts 1997,
75th Legislature, Chapter 914, Section 6 (Writ of Possession). 

SECTION 17.  Repealer:  Section 33.51, Tax Code, as amended by Acts 1997,
75th Legislature, Chapter 1111, Section 2 (Writ of Possession). 

SECTION 18.  Amends Section 33.52, Tax Code, as follows:

Sec. 33.52.  New title:  TAXES TO BE INCLUDED IN JUDGMENT.  Requires taxing
units to recover only taxes that are delinquent on the date of a judgment.
Provides that a judgment is sufficient if it sets out the base tax due for
each year and provides that penalties and interest accrue on the unpaid
balance pursuant to Subchapter A (General Provisions) of this chapter
(Delinquency).  Requires a presumption that the delinquency date is
February 1 of the year following the year in which the tax was imposed
unless otherwise stated in the judgment for the purposes of calculating
penalties and interest due pursuant to the judgment. 

(b)  Prohibits a taxing unit's claim for taxes that become delinquent after
the date of the judgment from being affected by the entry of a judgment or
any sale conducted pursuant to such a judgment and authorizes the taxing
unit to collect them by any of the remedies provided by this code. 

SECTION 19.  Repealer:  Section 33.52, Tax Code, as amended by Acts 1997,
75th Legislature, Chapter 906, Section 8 (Judgment for Current Taxes). 

SECTION 20.  Repealer:  Section 33.52, Tax Code, as amended by Acts 1997,
75th Legislature, Chapter 981, Section 2 (Judgment for Current Taxes and
Postjudgment Taxes, Penalties, and Interest). 

SECTION 21.  Repealer:  Section 33.52, Tax Code, as amended by Acts 1997,
75th Legislature, Chapter 1111, Section 3 (Judgment for Current Taxes). 

SECTION 22.  Amends Section 33.53(a), Tax Code, to require the district
clerk, upon application by any taxing unit that is a party to the judgment
in a suit for foreclosure of a tax lien, to prepare an order to an officer
authorized to conduct execution sales, ordering the sale of the property.
Authorizes the taxing unit to specify particular parcels of the property to
be sold if multiple parcels are included in the judgment.  Authorizes a
taxing unit to request more than one order of sale. Requires that the order
of sale be returnable as unexecuted if not executed within 180 days after
issuance.  Authorizes the order of sale to be accompanied by an uncertified
copy of the judgment and an uncertified bill of costs, and authorizes the
terms of either to be incorporated by reference. 

SECTION 23.  Amends Section 34.01, Tax Code, as follows:

Sec. 34.01.  SALE OF PROPERTY.  (a)  Requires property seized or ordered
sold pursuant to foreclosure of a tax lien to be sold by the officer
charged with the sale, unless otherwise directed by the taxing unit that
requested the order, its agent or attorney.  Requires the sale  to be
conducted in the manner similar property is sold under execution except as
otherwise provided by this subtitle, rather than subchapter. 

(b)  Requires the officer charged with the sale to endorse on the order of
sale the exact hour and day of receipt, which constitutes a levy on the
property.  Requires the officer to calculate the total amount due under the
judgment, including the taxes, penalties, and interest due, any other
amounts awarded by the judgment, court costs, and the costs of the sale,
including the costs of advertising under Subsection (c) of this section.
Authorizes the tax assessor-collector of each taxing unit that is a party
to the judgement to provide the officer with a certified tax statement
showing the amount due as of the date of the proposed sale.  Requires the
officer to rely on the amounts so certified and exempts the officer from
responsibility or liability for the accuracy of that portion of the
calculation. 

(c)  Requires the officer charged with the sale to give written notice of
the sale to all persons who  were defendants to the judgment, or their
attorney and sets forth the requirements for such notice.  Provides that
neither the officer's failure to send nor a defendant's failure to receive
the written notice of sale invalidates the sale or the title conveyed by
the sale. 

(d)  Sets forth the required contents of the notice.  Sets forth the rate
to be charged for publication.  Sets forth alternative forms of publication
if no newspaper is published in the county of the sale. 

(e)  Prohibits an owner, when requesting that property subject to the sale
be divided and that only as many portions as necessary be sold, from
specifying portions which divide buildings or other contiguous improvements
or specifying more than four portions. Provides that such request must be
delivered to the officer not less than seven days before the sale.
Redesignated from existing Subsection (b). 

(f)  Authorizes the taxing unit that requested the order of sale to
terminate the sale if a sufficient bid is not received to pay the amount
calculated under Subsection (b) or the adjudged value, whichever is less.
Requires the officer making the sale, if the taxing unit does not terminate
the sale, to bid the property off to the taxing unit that requested the
order of sale, unless otherwise agreed by all of the taxing units that are
parties to the judgment, for the aggregate amount of the judgment against
the property or for the market value of the property as specified in the
judgment, whichever is less.  Previously, if a sufficient bid was not
received, the officer making the sale was required to bid the property off
to a taxing unit that is a party to the judgment for the aggregate amount
of the judgment against the property or for the market value of the
property as specified in the judgment, whichever is less.  Provides that
the duty of the officer to bid off the property to a taxing unit under this
subsection is self-executing and the actual attendance of a taxing unit
representative at the sale is not a prerequisite to that duty.  Authorizes
a taxing unit that established tax liens in the suit to continue to enforce
collection of any amount due from the owner in any other manner or by
pursuing any other remedy provided by law, notwithstanding that the
property has been bid off to a taxing unit as provided herein. Redesignated
from existing Subsection (c).  Makes nonsubstantive changes. 

(g)  Authorizes the taxing unit that requested the order of sale to elect
to prepare a deed for execution by the officer.  Requires the officer to
execute the deed and file the deed for recording with the county clerk with
instructions to the county clerk to return the deed after recording to the
grantee.  Requires the county clerk to file and record all such deeds
without imposing any recording or other fees.  Makes conforming changes. 

(h)  Redesignated from existing Subsection (e).  Makes conforming changes.

(I)  Redesignated from existing Subsection (f).  Makes conforming changes.

(j)  Requires the a sale of real property under this section take place at
the county courthouse in the county in which the land is located.  Requires
the sale to occur in the  same area of the courthouse as designated by the
commissioners court of the county for the sale of real property pursuant to
Section 51.002 (Sale of Real Property Under Contract Lien), Property Code. 

(k)  Provides the provisions of this section prevail and govern the duties
of the officer conducting the sale to the extent that the rules governing
executions under the Texas Rules of Civil Procedure are in conflict with
this section. 

SECTION 24.  Amends Section 34.015(a), Tax Code, to authorize the governing
body of a municipality to provide for the manner in which land acquired by
seizure. 

SECTION 25.  Amends Sections 34.02(a), (b), and (c), Tax Code, as follows:

Sec. 34.02.  DISTRIBUTION OF PROCEEDS.  (a)  Requires the proceeds of a tax
sale pursuant to Section 33.94 or Section 34.01 to be applied first, to all
costs of advertising the sale and all original court costs due to the clerk
of the court; second, to all fees and commissions due to the officer
conducting the sale; third, to taxes, penalties, and interest due pursuant
to the judgment; and fourth, to amounts awarded to any taxing unit in the
judgment for a claim other than taxes, penalties, or interest, rather than
first to the payment of costs and the remainder distributed to all the
taxing units participating in the sale in satisfaction of the taxes,
penalties, and interest due each.  Provides that each category must be
fully paid before any funds are allocated to the following category. 

(b)  Makes conforming changes.

(c)  Makes conforming changes.

SECTION 26.  Amends Sections 34.03(a) and (b), Tax Code, to reduce, from
seven to two years, the time the clerk of court is required to keep the
excess proceeds paid into court as provided by Section 34.04(c).  Makes
conforming and nonsubstantive changes. 

SECTION 27.  Amends Section 34.04, Tax Code, to authorizes a person,
including a taxing unit, to file a petition setting forth a claim to the
excess proceeds under the same cause number as the action ordering seizure
or foreclosing the tax lien.  Requires a copy of the petition to be served
pursuant to Rule 21a, Texas Rules of Civil Procedure, rather than on the
county or district attorney.  Sets forth the priorities of the court in
ordering the payment of proceeds. 

SECTION 28.  Repealer:  Section 34.05(a), Tax Code, as amended by Acts
1997, 75th Legislature, Chapter 906, Section 9 (Resale by Taxing Unit). 

SECTION 29.  Amends Sections 34.05(c) and (d), Tax Code, to authorize the
taxing unit purchasing the property by resolution of its governing body to
request the constable to sell the property at a public sale.  Requires the
officer making the sale, upon conclusion of the sale, to execute the deed
and file it for recording with the county clerk accompanied by instructions
to the clerk to return the deed to the purchaser following its recordation.
Authorizes the taxing unit that requested the sale to elect to prepare a
deed for execution by the officer.  Requires the county clerk to file and
record all such deeds without imposing any recording or other fees. 

SECTION 30.  Repealer:  Section 34.05(g), Tax Code, as amended by Acts
1997, 75th Legislature, Chapter 712, Section 3 and by Chapter 906, Section
9 (Resale by Taxing Unit). 

SECTION 31.  Amends  Section 34.05(h), Tax Code, as amended by Acts 1997,
75th Legislature, Chapter 712, Section 4, by redesignating it to Subsection
(g). 

SECTION 32.  Amends Section 34.06, Tax Code, by amending Subsections (b)
and (c) and adding Subsection (d), as follows: 

(b)  Requires the proceeds of a resale to be distributed first, to the
purchasing taxing unit to recover its reasonable costs and expenses;
second, to the officer conducting the sale and the  clerk of the court to
pay all costs in connection with the suit and the sale; and the balance, if
any, to the participating taxing units in shares equal to the proportion
each taxing unit's taxes, penalties, and interest bear to the total amount
of taxes, penalties, and interest adjudged due all participants in the
sale. 

(c)  Prohibits the previous owner from receiving any proceeds from the
resale of the property. 

(d)  Redesignated from existing Subsection (c).

SECTION 33.  Repealer:  Section 34.06(b), Tax Code, as amended by Acts
1997, 75th Legislature, Chapter 906, Section 10. 

SECTION 34.  Repealer:  Section 34.06(b), Tax Code, as amended by Acts
1997, 75th Legislature, Chapter 914, Section 3. 

SECTION 35.  Amends Sections 34.07(a), (b), (c), and (d), Tax Code, as
follows: 

Sec. 34.07.  SUBROGATION OF PURCHASER AT VOID SALE.  (a)  Provides that a
purchaser at a tax resale is subrogated to the rights of the taxing unit in
whose behalf  the property was resold to the same extent a purchase at a
void or defective sale conducted in behalf of a judgment creditor is
subrogated to the rights of the judgment creditor. 

(b)  Provides that a purchaser at a tax resale is subrogated to the tax
lien of the taxing unit in whose behalf  the property was resold to the
same extent a purchase at a void or defective mortgage or other lien
foreclosure sale is subrogated to the lien of the lienholder, and the
purchaser is entitled to a reforeclosure of the lien to which the purchaser
is subrograted. 

(c)  Provides that, if the purchaser at a tax resale paid less than the
total amount of the judgment against the property, the purchaser is
subrograted to the tax lien only in the amount actually paid at the resale. 

(d)  Requires the court, if the purchaser prevails in any such suit, to
expressly provide in its final judgment that the tax sale is vacated and
set aside and that all liens are restored and reinstated on the property
effective as of the date on which the liens originally attached. 

SECTION 36.  Amends Sections 34.21(a) and (b), Tax Code, as amended by Acts
1997, 75th Legislature, Chapter 906, Section 11, and by Acts 1997, 75th
Legislature, Chapter 914, to replace references to a suit to collect the
tax to a suit or application for warrant. 

SECTION 37.  Repealer:  Section 34.21(b), Tax Code, as amended by Acts
1997, 75th Legislature, Chapter 914, Section 4. 

SECTION 38.  Amends Sections 34.21(c) and (d), to require a person who
redeems property that has been resold by the taxing unit to pay any tax
sale deficiency to the taxing unit and to replace references to a suit to
collect the tax to a suit or application for warrant. 

SECTION 39.  Amends Section 34.21(f), Tax Code, as amended by Acts 1997,
75th Legislature, Chapter 1111, Section 6, to define "land designated for
agricultural use," rather than "use" in this section.  Redesignated from
existing Subsection (e). 

SECTION 40.  Repealer:  Sections 34.21(g), (h), and (I), as amended by Acts
1997, 75th Legislature, Chapter 906. 

SECTION 41.  Amends Section 34.21(g), Tax Code, as follows:

(g)  Authorizes an owner who wishes to redeem a property under this section
to make a written request to the purchaser, or to the taxing unit to which
the property was bid off, for  a written itemization of all sums spent by
that purchaser or taxing unit in costs on the property.  Requires the owner
to send the request to the purchaser at the address shown for the purchaser
in the purchaser's deed for the property in question or, if redeeming from
the taxing unit, to the business address of the taxing unit's tax
assessor-collector.  Requires the purchaser to itemize all sums expended on
the property in costs and mail the same to the owner in writing within ten
days of receiving the request.  Requires only those sums itemized and
provided to the owner to be allowed as costs for purposes of redemption. 

SECTION 42.   Amends  Section 34.21(f), Tax Code, as amended by Acts 1997,
75th Legislature, Chapter 906, by redesignating it to Subsection (h). 

SECTION 43.  Amends Subsection 42.031(b), Tax Code, to make a
nonsubstantive change. 

SECTION 44.  Amends Section 304.301, Finance Code, to provide that this
chapter (Judgment Interest) does not apply to a judgment that earns
interest at a rate set by Title 1 (Property Tax Code), Tax Code. 

SECTION 45.  Amends Part 4, Chapter VIII, Probate Code, by adding Section
313A, as follows: 

Sec. 313A.  AD VALOREM TAX CLAIMS.  Sets forth the court with jurisdiction
over an action for collection of the taxes, if a decedent's estate being
administered in a pending probate proceeding owns or claims an interest in
property against which there are delinquent ad valorem tax claims held by a
taxing unit. 

SECTION 46.  Amends Section 317(c), Probate Code, to prohibit the foregoing
provisions relative to the presentment of claims from being so construed as
to apply to any claim for delinquent ad valorem taxes against a decedent's
estate being administered in probate in a county other than the county in
which the tax was imposed or any claim for delinquent ad valorem taxes
against a decedent's estate being administered in the same county in which
the tax was imposed if the probate proceeding has been pending for a period
of more than four years. 

SECTION 47.  Amends Section 801, Probate Code, to prohibit the prohibition
against a judgment being rendered in favor of a claimant on any claim for
money that has not been legally presented to the guardian of the estate of
the ward and rejected by the guardian or by the court, from being so
construed as to apply to any claim for delinquent ad valorem taxes against
a ward's estate being administered in probate in a county other than the
county in which the tax was imposed. 

SECTION 48.  Amends Article 1396-2.07, V.T.C.S., by adding Subpart D, as
follows: 

D.  Sets forth the procedures for obtaining service of process on a
corporation that loses its privileges by forfeiture or by involuntary
dissolution. 

SECTION 49.  Amends Article 2.11, Texas Business Corporation Act, by adding
Subpart D, as follows: 

D.  Sets forth the procedures for obtaining service of process on a
corporation that loses its privileges by forfeiture or by involuntary
dissolution. 

SECTION 50.  Amends Article 8.10, Texas Business Corporation Act, by adding
Subpart E, as follows: 

E.  Sets forth the procedures for obtaining service of process on a
corporation that loses its privileges by forfeiture or by involuntary
dissolution. 

SECTION 51.  Amends Section 49.231, Water Code, by amending Subsections
(j), (k), and (l) and adding Subsections (o) and (p), as follows: 

(j)  Authorizes the governing body of a district (board) to impose a
penalty on a standby fee not paid in a timely manner.  Makes conforming
changes. 
 
(k)  Makes conforming changes.

(l)  Makes conforming changes.

(o)  Provides that the penalty is six percent of the amount of the fee for
the first calendar month it is delinquent plus one percent for each of the
following four months or portion of any of such months the fee remains
unpaid.  Provides that a fee remaining unpaid on the first day of the sixth
month following the month in which it was due incurs a total maximum
penalty of twelve percent of the amount of the fee. 

(p)  Authorizes the board to impose an additional penalty for a standby fee
not remitted in a timely manner.  Sets forth the amount and due date of the
additional penalty.  Prohibits a district from recovering both the
additional penalty and the attorney fees provided by Subsection (l) of this
section. 

SECTION 52.  Provides that Sections 1-6, 8-9, 11, 13, and 51 of this Act
take effect January 1, 1999. 

SECTION 53.  Provides that Sections 7, 10, 12, and 14-50 of this Act take
effect September 1, 1999. 

SECTION 54.  Makes application of Section 7 of this Act prospective.

SECTION 55.  Makes application of Section 9 of this Act prospective.

SECTION 56.  Provides that the change in law made by Section 13 of this Act
applies to the notice required to be given by Section 33.04(b), Tax Code,
in the year 2000 and thereafter.  Provides that penalties and interest on a
delinquent tax are not canceled for failure to deliver a notice required by
Section 33.04(b), as it existed before the effective date of this Act, if
the notice is not required by Section 33.04(b), as amended by this Act. 

SECTION 57.  Provides that the change in law made by Sections 15 and 18 of
this Act apply to all tax suits, regardless of when commenced, in which
judgment is signed on or after September 1, 1999. 

SECTION 58.  Makes application of Sections 22, 23, and 25 of this Act
prospective.  Provides that the date on which a tax sale was conducted is
deemed to be the first Tuesday of the month in which the public auction
occurred. 

SECTION 59.  Provides that the change in law made by Sections 26 and 27 of
this Act applies to the disposition of excess proceeds of a property tax
foreclosure or summary sale paid into court regardless of the date on which
the sale occurred or the date on which the proceeds were paid into the
court.  Requires the clerk to distribute any proceeds that have been
retained for longer than the period provided  by Section 34.03(a), Tax
Code, as amended by this Act, on the effective date of this Act, as soon as
practicable after the effective date of this Act. 

SECTION 60.  Provides that the change in law made by Sections 29 and 32 of
this Act applies to all resales conducted on or after September 1, 1999,
and based on judgments signed before, on, or after September 1, 1999.
Provides that the date on which a resale was conducted is deemed to be the
date on which the grantor's acknowledgment was taken or, if multiple
grantors, the latest date of acknowledgment as between the various
grantors. 

SECTION 61.  Provides that the change in law made by Section 35 of this Act
applies to all tax resales based upon original tax sales conducted before,
on, or after September 1, 1999. 

SECTION 62.  Makes application of Sections 36, 38, 39, and 41 of this Act
prospective.  Provides that the date on which a tax sale was conducted is
deemed as the first Tuesday of the month in which the public auction
occurred. 

SECTION 63.  Provides that the change in law made by Sections 45, 46, and
47 of this Act apply to the estates of all decedents, regardless of the
date of death, and apply to the estates of all wards,  regardless of the
date the application for appointment of a guardian was filed, and to all
causes of action pending on its effective date as well as future actions. 

SECTION4 6.  Provides that the change in law made by Sections 48, 49, and
50 apply to all actions pending on September 1, 1999, and to all actions
instituted thereafter. 

SECTION 65.Emergency clause.
  Effective date: upon passage.