Texas 2009 - 81st Regular

Texas House Bill HB1465

Filed
 
Out of House Committee
4/14/09  
Voted on by House
4/22/09  
Out of Senate Committee
4/30/09  
Voted on by Senate
5/12/09  
Governor Action
5/23/09  
Bill Becomes Law
 
Enrolled
5/14/09  

Caption

Relating to the joinder of a tax lien transferee in a suit to collect a delinquent ad valorem tax.

Impact

The bill introduces significant changes to how tax liens can be enforced, particularly regarding the rights of transferees. By allowing transferees to intervene in foreclosure suits, the legislation aims to streamline the process and clarify the rights owed to transferees. This could potentially hasten the collection of delinquent taxes and enhance revenue recovery for local governments, as the transferees would be able to act in a more direct capacity against property owners who have failed to pay their taxes.

Summary

House Bill 1465 aims to amend the Tax Code of Texas, focusing on the joinder of a tax lien transferee in suits to collect delinquent ad valorem taxes. The bill stipulates that when a taxing unit initiates foreclosure proceedings under existing laws, it must also join any transferee of the tax lien associated with the property. This requirement ensures that all parties with a financial interest in the tax lien are included in the legal proceedings, allowing the transferee to file claims for amounts owed against the property as secured by the tax lien.

Contention

While the bill's objective is to improve tax collection efficiency, it could also raise concerns among property owners regarding their rights in foreclosure cases. The inclusion of tax lien transferees may lead to more aggressive collection practices, putting additional pressure on individuals who may already be struggling. Critics may argue that the bill favors the financial interests of tax lien investors at the expense of property owners, potentially leading to increased foreclosures and loss of property among less affluent residents.

Companion Bills

TX SB2201

Identical Relating to the joinder of a tax lien transferee in a suit to collect a delinquent ad valorem tax.

Previously Filed As

TX HB4829

Relating to the collection of delinquent ad valorem taxes.

TX HB49

Relating to the collection of delinquent ad valorem taxes.

TX HB4828

Relating to the collection of delinquent ad valorem taxes.

TX HB48

Relating to the collection of delinquent ad valorem taxes.

TX HJR29

Proposing a constitutional amendment providing that a residence homestead is not subject to seizure or sale for delinquent ad valorem taxes.

TX HB2796

Relating to the postponement of the delinquency date for a payment of ad valorem taxes imposed by a taxing unit if the office of the collector for the taxing unit is closed on the delinquency date.

TX HB25

Relating to the postponement of the delinquency date for a payment of ad valorem taxes imposed by a taxing unit if the office of the collector for the taxing unit is closed on the delinquency date.

TX HB38

Relating to the postponement of the delinquency date for a payment of ad valorem taxes imposed by a taxing unit if the office of the collector for the taxing unit is closed on the delinquency date.

TX SB539

Relating to the manner in which an individual who has elected to defer collection of a tax, abate a suit to collect a delinquent tax, or abate a sale to foreclose a tax lien on the individual's residence homestead is listed on the delinquent tax roll of a taxing unit.

TX SB952

Relating to certain tax and fee collection procedures and taxpayer suits.

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