| 1 | 1 | | 88R8800 SHH-D |
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| 2 | 2 | | By: Dutton H.J.R. No. 88 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment to lengthen the period for |
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| 7 | 7 | | redeeming the residence homestead of an elderly person sold at an ad |
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| 8 | 8 | | valorem tax sale. |
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| 9 | 9 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 13(c), Article VIII, Texas Constitution, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | (c) The former owner of a residence homestead, land |
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| 13 | 13 | | designated for agricultural use, or a mineral interest sold for |
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| 14 | 14 | | unpaid taxes has [shall within two years from date of the filing for |
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| 15 | 15 | | record of the Purchaser's Deed have] the right to redeem the |
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| 16 | 16 | | property within two years from the date of filing of the purchaser's |
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| 17 | 17 | | deed or, if the property was the residence homestead of a person who |
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| 18 | 18 | | is 65 years of age or older, within four years from the date of |
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| 19 | 19 | | filing of the purchaser's deed on the following basis: |
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| 20 | 20 | | (1) Within the first year of the redemption period, |
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| 21 | 21 | | upon the payment of the amount of money paid for the property, |
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| 22 | 22 | | including the Tax Deed Recording Fee and all taxes, penalties, |
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| 23 | 23 | | interest, and costs paid plus an amount not exceeding 25 percent of |
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| 24 | 24 | | the aggregate total; and |
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| 25 | 25 | | (2) Within the remainder [last year] of the redemption |
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| 26 | 26 | | period, upon the payment of the amount of money paid for the |
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| 27 | 27 | | property, including the Tax Deed Recording Fee and all taxes, |
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| 28 | 28 | | penalties, interest, and costs paid plus an amount not exceeding 50 |
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| 29 | 29 | | percent of the aggregate total. |
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| 30 | 30 | | SECTION 2. The following temporary provision is added to |
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| 31 | 31 | | the Texas Constitution: |
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| 32 | 32 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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| 33 | 33 | | to the constitutional amendment proposed by the 88th Legislature, |
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| 34 | 34 | | Regular Session, 2023, to lengthen the period for redeeming the |
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| 35 | 35 | | residence homestead of an elderly person sold at an ad valorem tax |
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| 36 | 36 | | sale. |
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| 37 | 37 | | (b) The amendment to Section 13(c), Article VIII, of this |
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| 38 | 38 | | constitution takes effect January 1, 2024. |
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| 39 | 39 | | (c) The amendment applies only to the redemption of real |
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| 40 | 40 | | property sold at a tax sale for which the purchaser's deed is filed |
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| 41 | 41 | | for record on or after the effective date of the amendment. The |
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| 42 | 42 | | redemption of real property sold at a tax sale for which the |
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| 43 | 43 | | purchaser's deed is filed for record before the effective date of |
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| 44 | 44 | | the amendment is governed by the former law, and the former law is |
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| 45 | 45 | | continued in effect for that purpose. |
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| 46 | 46 | | (d) This temporary provision expires January 1, 2026. |
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| 47 | 47 | | SECTION 3. This proposed constitutional amendment shall be |
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| 48 | 48 | | submitted to the voters at an election to be held November 7, 2023. |
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| 49 | 49 | | The ballot shall be printed to permit voting for or against the |
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| 50 | 50 | | proposition: "The constitutional amendment to lengthen the period |
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| 51 | 51 | | for redeeming the residence homestead of a person 65 years of age or |
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| 52 | 52 | | older sold at an ad valorem tax sale." |
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