Texas 2009 - 81st Regular

Texas House Bill HB1407 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1407
2	2
3	3
4	4	AN ACT
5	5	relating to the redemption of real property sold at an ad valorem
6	6	tax sale.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 34.21, Tax Code, is amended by amending
9	9	Subsection (f) and adding Subsection (f-1) to read as follows:
10	10	(f) The owner of real property sold at a tax sale may redeem
11	11	the real property by paying the required amount as prescribed by
12	12	this section to the assessor-collector for the county in which the
13	13	property was sold, if [If] the owner of the real property makes an
14	14	affidavit stating:
15	15	(1) that the period in which the owner's right of
16	16	redemption must be exercised has not expired; and
17	17	(2) that the owner has made diligent search in the
18	18	county in which the property is located for the purchaser at the tax
19	19	sale or for the purchaser at resale, and has failed to find the
20	20	purchaser, that the purchaser is not a resident of the county in
21	21	which the property is located, that the owner and the purchaser
22	22	cannot agree on the amount of redemption money due, or that the
23	23	purchaser refuses to give the owner a quitclaim deed to the
24	24	property[, the owner may redeem the land by paying the required
25	25	amount as prescribed by this section to the assessor-collector for
26	26	the county in which the property described has been redeemed].
27	27	(f-1) An assessor-collector who receives an affidavit and
28	28	payment under Subsection (f) shall accept that the assertions set
29	29	out in the affidavit are true and correct. The assessor-collector
30	30	receiving the payment shall give the owner a signed receipt
31	31	witnessed by two persons. The receipt, when recorded, is notice to
32	32	all persons that the property described has been redeemed. The
33	33	assessor-collector shall on demand pay the money received by the
34	34	assessor-collector to the purchaser. An assessor-collector is not
35	35	liable to any person for performing the assessor-collector's duties
36	36	under this subsection in reliance on the assertions contained in an
37	37	affidavit.
38	38	SECTION 2. Section 34.21, Tax Code, as amended by this Act,
39	39	applies to a redemption of real property on or after the effective
40	40	date of this Act, regardless of whether the property that is the
41	41	subject of the redemption was sold for ad valorem taxes under a
42	42	judgment rendered or tax warrant issued before, on, or after the
43	43	effective date of this Act.
44	44	SECTION 3. This Act takes effect September 1, 2009.
45	45	______________________________ ______________________________
46	46	President of the Senate Speaker of the House
47	47	I certify that H.B. No. 1407 was passed by the House on April
48	48	21, 2009, by the following vote: Yeas 145, Nays 0, 1 present, not
49	49	voting.
50	50	______________________________
51	51	Chief Clerk of the House
52	52	I certify that H.B. No. 1407 was passed by the Senate on May
53	53	21, 2009, by the following vote: Yeas 31, Nays 0.
54	54	______________________________
55	55	Secretary of the Senate
56	56	APPROVED: _____________________
57	57	Date
58	58	_____________________
59	59	Governor