HB 3710
AN ACT relating to the effect of a tax certificate accompanying a transfer
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Modifies tax certificate rules for property transfers, protecting taxing units from accidentally extinguishing tax liens when a tax certificate contains errors. Under specific circumstances—such as transfers between family members, employers and employees, parent and subsidiary companies, or trusts and beneficiaries—a tax lien will not be automatically eliminated if a homestead exemption was erroneously granted and later canceled. The original property owner remains personally liable for any delinquent taxes, penalties, or interest, even if a tax certificate mistakenly indicates no taxes are due.
Subject Areas
Bill Text
relating to the effect of a tax certificate accompanying a transfer BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 31.08, Tax Code, is amended by amending Subsection (b) and adding Subsection (d) to read as follows: (b) Except as provided by Subsections [Subsection] (c) and (d) [of this section], if a person transfers property accompanied by a tax certificate that erroneously indicates that no delinquent taxes, penalties, or interest are due a taxing unit on the property or that fails to include property because of its omission from an appraisal roll as described under Section 25.21, the taxing unit's tax lien on the property, including, if applicable, the tax lien securing the payment of any delinquent taxes, penalties, or interest that are subsequently determined to be due the taxing unit on the property because a residence homestead exemption was erroneously allowed for the property and was subsequently canceled, is extinguished and the purchaser of the property is absolved of liability to the taxing unit for delinquent taxes, penalties, or interest on the property or for taxes based on omitted property. The person who was liable for the tax for the year the tax was imposed or the property was omitted remains personally liable for the tax and for any penalties or interest. (d) A tax certificate that accompanies a transfer of property and erroneously indicates that no delinquent taxes, penalties, or interest are due a taxing unit on the property because a residence homestead exemption was erroneously allowed for the property and was subsequently canceled does not extinguish the tax lien securing the payment of any delinquent taxes, penalties, or interest that are subsequently determined to be due the taxing unit on the property if the chief appraiser or the collector for a taxing unit determines that the transfer of the property occurred between: (1) two individuals who are related within the first degree by consanguinity or affinity, as determined under Chapter (2) an employer and an employee; (3) a parent company and a subsidiary of that parent (4) a trust and a beneficiary of that trust. SECTION 2. The change in law made by this Act applies only to a tax certificate issued on or after the effective date of this Act. A tax certificate issued before the effective date of this Act is covered by the law in effect on the date of issuance, and the former law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to the effect of a tax certificate accompanying a transfer
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