Sec. 33.52. TAXES INCLUDED IN JUDGMENT. (a) Only taxes that are delinquent on the date of a judgment may be included in the amount recoverable under the judgment by the taxing units that are parties to the suit.
(b) In lieu of stating as a liquidated amount the aggregate total of taxes, penalties, and interest due, a judgment may:
(1) set out the tax due each taxing unit for each year; and
(2) provide that penalties and interest accrue on the unpaid taxes as provided by Subchapter A.
(c) For purposes of calculating penalties and interest due under the judgment, it is presumed that the delinquency date for a tax is February 1 of the year following the year in which the tax was imposed, unless the judgment provides otherwise.
(d) Except as provided by Section 34.05(k), a taxing unit's claim for taxes that become delinquent after the date of the judgment is not affected by the entry of the judgment or a tax sale conducted under that judgment. Those taxes may be collected by any remedy provided by this title.
Amended by Acts 1997, 75th Leg., ch. 906, Sec. 8, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 981, Sec. 2; Acts 1997, 75th Leg., ch. 1111, Sec. 3; Acts 1999, 76th Leg., ch. 1481, Sec. 22, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 740 (H.B. 1118), Sec. 1, eff. June 17, 2011.
Structure Texas Statutes
Subtitle E - Collections and Delinquency
Subchapter C. Delinquent Tax Suits
Section 33.41. Suit to Collect Delinquent Tax
Section 33.42. Taxes Included in Foreclosure Suit
Section 33.44. Joinder of Other Taxing Units
Section 33.445. Joinder of Tax Lien Transferee
Section 33.45. Pleading and Answering to Claims Filed
Section 33.46. Partition of Real Property
Section 33.47. Tax Records as Evidence
Section 33.475. Attorney Ad Litem Report; Approval of Fees
Section 33.48. Recovery of Costs and Expenses
Section 33.49. Liability of Taxing Unit for Costs
Section 33.51. Writ of Possession
Section 33.52. Taxes Included in Judgment
Section 33.53. Order of Sale; Payment Before Sale
Section 33.54. Limitation on Actions Relating to Property Sold for Taxes
Section 33.55. Effect of Judgment on Accrual of Penalties and Interest
Section 33.56. Vacation of Judgment
Section 33.57. Alternative Notice of Tax Foreclosure on Certain Parcels of Real Property