Texas § TX.33.22 - INSTITUTION OF SEIZURE

§ TX.33.22. INSTITUTION OF SEIZURE

INSTITUTION OF SEIZURE. (a) At any time after a tax becomes delinquent, a collector may apply for a tax warrant to any court in any county in which the person liable for the tax has personal property. If more than one collector participates in the seizure, all may make a joint application. (b) A collector may apply at any time for a tax warrant authorizing seizure of property as provided by Subsection (b) of Section 33.21 of this code. (c) The court shall issue the tax warrant if the applicant shows by affidavit that: (1) the person whose property the applicant intends to seize is delinquent in the payment of taxes, penalties, and interest in the amount stated in the application; or (2) taxes in a stated amount have been imposed on the property or taxes in an estimated amount will be imposed on the property, the applicant knows of no other personal property the person owns in the county from which the tax may be satisfied, and the applicant has reason to believe that: (A) the property owner is about to remove the property from the county; or (B) the property is about to be sold at a liquidation sale in connection with the cessation of a business. (d) A collector is entitled to recover attorney's fees in an amount equal to the compensation specified in the contract with the attorney if: (1) recovery of the attorney's fees is requested in the application for the tax warrant; (2) the taxing unit served by the collector contracts with an attorney under Section 6.30 ; (3) the existence of the contract and the amount of attorney's fees that equals the compensation specified in the contract are supported by the affidavit of the collector; and (4) the tax sought to be recovered is not subject to the additional penalty under Section 33.07 or 33.08 at the time the application is filed. (e) If a taxing unit is represented by an attorney who is also an officer or employee of the taxing unit, the collector for the taxing unit is entitled to recover attorney's fees in an amount equal to 15 percent of the total amount of delinquent taxes, penalties, and interest that the property owner owes the taxing unit. Acts 1979, 66th Leg., p. 2292, ch. 841, Sec. 1, eff. Jan. 1, 1982. Amended by: Acts 2005, 79th Leg., Ch. 1126 (H.B. 2491 ), Sec. 17, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 242 (H.B. 930 ), Sec. 1, eff. June 17, 2011.