HBA-LJP H.J.R. 76 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 76
By: Homer
Ways & Means
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

Under the Texas Constitution, certain real property owners of property sold
for unpaid taxes are entitled to redeem the property within two years from
the date of the filing for record of the Purchaser's Deed if the property
owner makes certain payments within the first year and the last year of the
redemption period. Before the final process of selling real property at an
ad valorem tax sale, property lies dormant on the tax rolls for multiple
years and the tax obligation on the property continues to collect.  As
proposed, House Joint Resolution 76 requires the submission to the voters
of a constitutional amendment to shorten the time periods within which
certain real property owners are entitled to redeem property sold for
unpaid taxes. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Joint Resolution 76 amends the Texas Constitution to shorten, from
two years to one year from the date of the filing for record of the
Purchaser's Deed the time period that the former owner of a residence
homestead or land designated for agricultural use sold for unpaid taxes is
entitled to redeem the property on a specified basis.  The resolution
shortens, from within the first year to within the first six months of the
redemption period, and shortens, from within the last year to within the
last six months of the redemption period, the time periods that the former
property owner is required to make payments to have a basis to redeem the
property.  The resolution also shortens, from six months to three months
from the date of the filing for record of the Purchaser's Deed, the time
period that a former owner of real property sold for unpaid taxes is
entitled to redeem the property upon certain conditions.  The resolution
sets forth that the above provisions take effect January 1, 2002 and that
temporary provisions expire on January 1, 2005. 

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 6, 2001.