Texas 2009 - 81st Regular

Texas Senate Bill SB471

Filed
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to claims for excess proceeds of a tax sale of real property.

Impact

The implementation of SB471 would have a significant impact on state laws concerning tax sales and property rights. It introduces enforceable mandates on how excess proceeds should be claimed and allocated, thus reducing the ambiguity currently present in the process. By prioritizing certain claimants, the bill aims to expedite the resolution of proceedings and enhance transparency in how funds from tax sales are handled. This is likely to impact not only the affected parties but also the judicial system, which will need to adapt to these clearer procedures.

Summary

SB471, introduced in the Texas legislature, revises the claims process for excess proceeds from tax sales of real property. The bill amends the existing tax code to establish clear priorities for the distribution of these excess proceeds, ensuring that tax sale purchasers, taxing units, lienholders, and former owners receive payments in a structured manner. Specifically, the bill details the order in which claims to excess proceeds are to be settled, indicating that tax sale purchasers receive payment first if their sales are deemed void. This revised structure is designed to streamline the resolution of claims and minimize disputes over proceeds.

Contention

While the bill is aimed at improving efficiency and clarity, there are points of contention surrounding its provisions. Critics may argue that the amendments could disproportionately disadvantage former owners who have lost property to tax sales, especially those who acquire their interests post-judgment. By limiting the capacity of certain former owners to claim proceeds, the bill could face opposition from advocacy groups focused on property rights. The balance between protecting the interests of tax sale purchasers and those of former property owners will be a critical topic of discussion as the bill progresses through the legislative process.

Companion Bills

TX HB406

Identical Relating to the disposition of excess proceeds of a tax sale of real property or foreclosure of a tax lien on real property.

Similar Bills

No similar bills found.