SB1579 - Relating to the appointment of a receiver for and sale of certain parcels of land that are abandoned, unoccupied, tax delinquent, and undeveloped in certain municipalities.

      S.B. No. 1579         AN ACT   relating to the appointment of a receiver for and sale of certain   parcels of land that are abandoned, unoccupied, tax delinquent, and   undeveloped in certain municipalities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 212, Local Government Code, is amended   by adding Subchapter I to read as follows:   SUBCHAPTER I.   ABANDONED, UNOCCUPIED, AND TAX DELINQUENT   UNDEVELOPED PARCELS IN CERTAIN MUNICIPALITIES           Sec.   212.301.     APPLICABILITY.   (a)   This subchapter applies   to a municipality that is located in a county that:                 (1)     contains a municipality with a population of more   than 500,000; and                 (2)  is adjacent to an international border.           (b)     This subchapter applies only to land that is located   within the boundaries of a municipality.           Sec.   212.302.     ADMINISTRATIVE DETERMINATION.   (a) The   governing body of a municipality may implement an expedited process   to administratively determine that an undeveloped parcel of land is   abandoned, unoccupied, and tax delinquent if the parcel:                 (1)     has never been platted or surveyed or has remained   undeveloped and unoccupied for 25 years or more after the date the   land was platted or surveyed;                 (2)     if located in a subdivision, is part of a   subdivision in which 50 percent or more of the parcels are:                       (A)  undeveloped, abandoned, or unoccupied; and                       (B)  10 acres or less in size;                 (3)     has an assessed value of less than $1,000 as   indicated on the most recent appraisal roll for the appraisal   district in which the parcel is located;                 (4)     is not valued for ad valorem taxation as land for   agricultural use under Subchapter C, Chapter 23, Tax Code;                 (5)     has delinquent ad valorem taxes owed for the   current tax year, as defined by Section 1.04, Tax Code; and                 (6)     has delinquent ad valorem taxes owed for at least 5   out of the preceding 10 tax years.           (b)     The municipality does not have an ownership interest in   any undeveloped parcel of land that is administratively determined   to be abandoned, unoccupied, and tax delinquent or that is placed in   a receivership under this subchapter, except for any existing or   future legal interest established by other law.           Sec.   212.303.     PUBLIC HEARING.   (a)   Before a municipality   may make an administrative determination under Section 212.302, the   municipality must:                 (1)  hold a public hearing on the matter; and                 (2)     make reasonable efforts to notify each owner and   lienholder of the parcel of land of the time and place of the   hearing as provided by Section 212.304.           (b)     The hearing may be held by the governing body of the   municipality or an appropriate municipal commission or board   appointed by the governing body.   The Texas Rules of Evidence do not   apply to a hearing conducted under this section.           (c)     At the hearing, an owner or lienholder may provide   testimony and present evidence to refute any of the applicable   factors for a determination under Section 212.302.   It is an   affirmative defense to a determination under Section 212.302 that   the ad valorem taxes imposed on a parcel of land have been paid in   full and no delinquent ad valorem taxes or penalties are owed on the   parcel at the time of the hearing, regardless of whether the taxes   or penalties were paid after the notice provided under Section   212.304.           (d)     The municipality may conduct a single hearing for   multiple parcels of land and make a determination that multiple   parcels of land are abandoned, unoccupied, and tax delinquent based   on the same evidence.           (e)     Not later than the 14th day after the date of the   hearing, if a parcel of land is determined to be abandoned,   unoccupied, and tax delinquent, the municipality shall issue a   resolution of its determination.           (f)     Not later than the 14th day after the date of the   resolution, the municipality shall:                 (1)  post notice of the resolution at the city hall; and                 (2)     publish in a newspaper of general circulation in   the municipality in which the parcel of land is located a notice of   the determination containing:                       (A)  a description of the parcel;                       (B)  the date of the hearing;                       (C)     a brief statement of the results of the   resolution;                       (D)     instructions stating where a complete copy of   the resolution may be obtained; and                         (E)     notice that the resolution is appealable to a   district court in the county within 60 calendar days of the   resolution.           (g)     In lieu of the notice required by Subsection (f), the   municipality may:                 (1)     post the information required by Subsection (f)(2)   on the municipality's Internet website; and                 (2)     publish a notice in a newspaper of general   circulation in the municipality in which the parcel of land is   located stating that:                       (A)     the governing body of the municipality has   adopted a resolution under this subchapter; and                       (B)     the information required by Subsection   (f)(2) may be found on the municipality's Internet website.           Sec.   212.304.     NOTICE OF HEARING. (a)   The municipality   shall:                 (1)     provide notice of the hearing to each record owner   of the applicable parcel of land, each person who paid the ad   valorem taxes imposed on the parcel of land during the 15 most   recent tax years, and each holder of a recorded lien against the   applicable parcel of land by:                       (A)  personal delivery;                       (B)     certified mail with return receipt requested   to the last known address of each owner, each person who paid the ad   valorem taxes imposed on the parcel of land during the 15 most   recent tax years, and each lienholder; or                       (C)     delivery to the last known address of each   owner, each person who paid the ad valorem taxes imposed on the   parcel of land during the 15 most recent tax years, and each   lienholder by the United States Postal Service using signature   confirmation services;                 (2)     publish notice of the hearing in a newspaper of   general circulation in the municipality and on the municipality's   Internet website on or before the 10th day before the date of the   hearing; and                 (3)     file in the property records of the county in which   the parcel of land is located notice of the hearing that contains:                       (A)     the name and last known address of the owner   of the applicable parcel of land; and                       (B)     a description of the administrative   determination proceeding, including notice that the administrative   determination may result in the extinguishment of any and all   rights and legal interests in the parcel of land.           (b)     Notice under Subsection (a)(1) must be provided to each   owner, each person who paid the ad valorem taxes imposed on the   parcel of land during the 15 most recent tax years, and each   lienholder for whom an address can be reasonably ascertained from   the deed of trust or other applicable instrument on file in the   office of the county clerk for the county in which the parcel of   land is located, in the records of the county tax office for the   county in which the parcel of land is located, or in the records of   the office of the central appraisal district for the county in which   the parcel of land is located.   The filed notice under Subsection   (a)(3) must contain the name and address of each owner to the extent   that that information can be reasonably ascertained from the deed   of trust or other applicable instrument on file in the office of the   county clerk, in the records of the county tax office, or in the   records of the office of the central appraisal district for the   county.           (c)  The filing of notice under Subsection (a)(3):                 (1)     is binding on subsequent grantees, lienholders, or   other transferees of an interest in the parcel of land who acquire   that interest after the filing of the notice; and                 (2)     constitutes notice of the proceeding on any   subsequent recipient of any interest in the parcel of land who   acquires that interest after the filing of the notice.           (d)     An owner or lienholder is presumed to have received   actual and constructive notice of the hearing if the municipality   complies with this section, regardless of whether the municipality   receives a response from the person.           Sec.   212.305.     JUDICIAL REVIEW.   (a)   Any owner or lienholder   of record of a parcel of land aggrieved by a resolution issued under   Section 212.303 may file in a district court in the county in which   the parcel of land is located a verified petition alleging that the   decision is illegal, wholly or partly, and stating with specificity   the grounds of the alleged illegality.   The petition must be filed   by an owner, owner's agent, or lienholder of the parcel of land   within 60 calendar days of the resolution.   If a petition is not   filed within 60 calendar days of the resolution, the resolution   shall become final.           (b)     On the filing of a petition under Subsection (a), the   court may issue a writ of certiorari directed to the municipality to   review the resolution of the municipality and shall prescribe in   the writ the time within which a return on the writ must be made and   served on the relator or the relator's attorney.           (c)     The municipality is not required to return the original   papers acted on by it, but it is sufficient for the municipality to   return certified or sworn copies of the papers or parts of the & [Text truncated for display. 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