H.B. No. 1465
 
 
 
 
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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1465 was passed by the House on April
  22, 2009, by the following vote:  Yeas 149, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1465 was passed by the Senate on May
  12, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor