81R7367 JD-F
By: Paxton H.B. No. 1465
A BILL TO BE ENTITLED
AN ACT
relating to the joinder of a tax lien transferee in a suit to
collect a delinquent ad valorem tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.06(i), Tax Code, is amended to read as
follows:
(i) Except as provided by Section 33.445, a [A] foreclosure
of a tax lien transferred as provided by this section may not be
instituted within one year from the date on which the lien is
recorded in all counties in which the property is located, unless
the contract between the owner of the property and the transferee
provides otherwise.
SECTION 2. Subchapter C, Chapter 33, Tax Code, is amended by
adding Section 33.445 to read as follows:
Sec. 33.445. JOINDER OF TAX LIEN TRANSFEREE. (a) A taxing
unit acting under Section 33.44(a) shall also join each transferee
of a tax lien against the property that may appear of record under
Section 32.06. After the joinder, the transferee of the tax lien
may file its claim and seek foreclosure in the suit for all amounts
owed the transferee that are secured by the transferred tax lien,
regardless of when the original transfer of tax lien was recorded or
whether the original loan secured by the transferred tax lien is
delinquent. In the alternative, the transferee may pay all taxes,
penalties, interest, court costs, and attorney's fees owing to the
taxing unit that filed the foreclosure suit and each other taxing
unit that is joined.
(b) In consideration of the payment by the transferee of
those taxes and charges, each joined taxing unit shall transfer its
tax lien to the transferee in the form and manner provided by
Section 32.06(b) and enter its disclaimer in the suit.
(c) On transfer of all applicable tax liens, the transferee
may seek to foreclose the tax liens in the pending suit or in any
other manner provided by Section 32.06, regardless of when the
original transfer of tax lien was recorded or whether the original
loan secured by the transferred tax lien is delinquent. The
foreclosure may include all amounts owed to the transferee,
including any amount secured by the original transfer of tax lien.
(d) All liens held by a transferee who is joined under this
section but fails to act in the manner provided by this section are
extinguished, and the court's judgment shall reflect the
extinguishment of those liens.
SECTION 3. Section 33.445, Tax Code, as added by this Act,
applies to a suit for foreclosure of an ad valorem tax lien that is
pending on the effective date of this Act or that is brought on or
after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2009.