Vote Recommendation Notes
Under current law, when a tax sale of real property is concluded, and proceeds have been distributed according to the law, any excess amount must be paid to the clerk of the court issuing the warrant or order of sale (Section 34.02, Tax Code).
If this amount is in excess of $25, the clerk must notify the former owner of the property of the excess amount and of the former owner's right to claim it.
By adding the requirement to notify the attorney general if the attorney general or a state agency represented by the attorney general is named as an in rem defendant, the attorney general would know when to possibly file a claim to the excess proceeds in the case where the former property owner owes child support or owes arrearages. Since the attorney general is already allowed to file this claim under Section 34.04 of the Tax Code, Senate Bill 1725 only streamlines the process of recovering child support owed. As a consequence, we support this bill.
