| 1 | 1 | | 81R4103 UM-F |
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| 2 | 2 | | By: Davis, Wendy S.B. No. 1469 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the redemption of real property sold at an ad valorem |
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| 8 | 8 | | tax sale. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 34.21, Tax Code, is amended by amending |
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| 11 | 11 | | Subsection (f) and adding Subsection (f-1) to read as follows: |
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| 12 | 12 | | (f) The owner of real property sold at a tax sale may redeem |
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| 13 | 13 | | the real property by paying the required amount as prescribed by |
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| 14 | 14 | | this section to the assessor-collector for the county in which the |
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| 15 | 15 | | property was sold, if [If] the owner of the real property makes an |
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| 16 | 16 | | affidavit stating: |
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| 17 | 17 | | (1) that the period in which the owner's right of |
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| 18 | 18 | | redemption must be exercised has not expired; and |
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| 19 | 19 | | (2) that the owner has made diligent search in the |
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| 20 | 20 | | county in which the property is located for the purchaser at the tax |
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| 21 | 21 | | sale or for the purchaser at resale, and has failed to find the |
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| 22 | 22 | | purchaser, that the purchaser is not a resident of the county in |
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| 23 | 23 | | which the property is located, that the owner and the purchaser |
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| 24 | 24 | | cannot agree on the amount of redemption money due, or that the |
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| 25 | 25 | | purchaser refuses to give the owner a quitclaim deed to the |
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| 26 | 26 | | property[, the owner may redeem the land by paying the required |
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| 27 | 27 | | amount as prescribed by this section to the assessor-collector for |
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| 28 | 28 | | the county in which the property described has been redeemed]. |
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| 29 | 29 | | (f-1) An assessor-collector who receives an affidavit and |
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| 30 | 30 | | payment under Subsection (f) shall accept that the assertions set |
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| 31 | 31 | | out in the affidavit are true and correct. The assessor-collector |
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| 32 | 32 | | receiving the payment shall give the owner a signed receipt |
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| 33 | 33 | | witnessed by two persons. The receipt, when recorded, is notice to |
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| 34 | 34 | | all persons that the property described has been redeemed. The |
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| 35 | 35 | | assessor-collector shall on demand pay the money received by the |
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| 36 | 36 | | assessor-collector to the purchaser. An assessor-collector is not |
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| 37 | 37 | | liable to any person for performing the assessor-collector's duties |
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| 38 | 38 | | under this subsection in reliance on the assertions contained in an |
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| 39 | 39 | | affidavit. |
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| 40 | 40 | | SECTION 2. Section 34.21, Tax Code, as amended by this Act, |
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| 41 | 41 | | applies to a redemption of real property on or after the effective |
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| 42 | 42 | | date of this Act, regardless of whether the property that is the |
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| 43 | 43 | | subject of the redemption was sold for ad valorem taxes under a |
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| 44 | 44 | | judgment rendered or tax warrant issued before, on, or after the |
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| 45 | 45 | | effective date of this Act. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2009. |
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