Texas House Bill HB1407

Texas 2009 - 81st Regular

• Out of House Committee: 4/9/09
• Voted on by House: 4/21/09
• Out of Senate Committee: 5/12/09
• Voted on by Senate: 5/21/09
• Governor Action: 6/19/09
• Enrolled: 5/23/09
• Passed: 6/19/09

Caption

Relating to the redemption of real property sold at an ad valorem tax sale.

Impact

If enacted, HB 1407 will have significant implications for property owners facing tax sales in Texas. By formalizing the requirements for affidavit submission and outlining specific duties for assessor-collectors, the bill aims to create a more standardized and clear redemption process. This may encourage property owners to reclaim their properties post-tax sale more effectively and may reduce the number of properties that remain unresolved following tax sales. Furthermore, the legal protections for assessors acting on the basis of the affidavit could result in fewer liabilities associated with redemption transactions.

Summary

House Bill 1407 seeks to amend the Texas Tax Code regarding the redemption of real property sold at an ad valorem tax sale. The bill introduces a new provision that allows property owners to redeem their property by submitting an affidavit to the county assessor-collector. This affidavit must declare that the owner's right to redeem has not expired and that they have made diligent efforts to locate the purchaser of the property, among other stipulations. This legislation aims to streamline the process of property redemption and provide clearer guidance for property owners during tax sales.

Contention

The bill does not seem to have triggered substantial public contention as it focuses primarily on procedural clarity within the tax redemption process. However, stakeholders in real estate and tax law may scrutinize the implementation details and whether the bill sufficiently protects both property owners' rights and the interests of tax authorities. Discussions may arise regarding the adequacy of the affidavit provisions and the responsibilities it places on assessor-collectors to verify the claims made by property owners, as these could have broader implications for the management of tax sales and subsequent property rights.