Texas Codes

Tex. Tax Code § 33.42 (2026)

Taxes Included In Foreclosure Suit

✓ current as of May 2026
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Sec. 33.42. TAXES INCLUDED IN FORECLOSURE SUIT. (a) In a suit to foreclose a lien securing payment of its tax on real property, a taxing unit shall include all delinquent taxes due the unit on the property.

(b) If a taxing unit's tax on real property becomes delinquent after the unit files suit to foreclose a tax lien on the property but before entry of judgment, the court shall include the amount of the tax and any penalty and interest in its judgment.

(c) If a tax required by this section to be included in a suit is omitted from the judgment in the suit, the taxing unit may not enforce collection of the tax at a later time except as provided by Section 34.04(c)(2).

Acts 1979, 66th Leg., p. 2293, ch. 841, Sec. 1, eff. Jan. 1, 1982. Amended by Acts 2001, 77th Leg., ch. 1430, Sec. 21, eff. Sept. 1, 2001.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2006–2026 · leading case: Hydrogeo, LLC v. Quitman Indep. Sch. Dist., 483 S.W.3d 51 (Tex. App. 2016).
Hydrogeo, LLC v. Quitman Indep. Sch. Dist., 483 S.W.3d 51 (Tex. App. 2016). · cites it 2× “See Tex. Tax Code Ann. § 33.42 (a) (Vernon 2001) (taxing unit shall include all taxes due on property in suit to collect delinquent taxes); Id.”
Williams v. Cnty. of Dallas, 194 S.W.3d 29 (Tex. App. 2006). “See Tex. Tax Code Ann. § 33.42 (a) (Vernon 2001) (taxing unit shall include all taxes due on property in suit to collect delinquent taxes); Id.”
Hydrogeo, LLC, First Bank & Trust East Texas v. Quitman Indep. Sch. Dist. (Tex. App. 2015). · cites it 2× “12, 13 TEX. TAX CODE § 33.42(a) ................”
Kevin C. Loudon v. Victoria Cnty. (2026). “See TEX. TAX CODE §§ 33.42, 33.43. Because his 2023 taxes were not yet delinquent when the County filed suit in 2017, he argues the County could not obtain section 33.”
— Tex. Tax Code § 33.42(a) — 1 case
Hydrogeo, LLC, First Bank & Trust East Texas v. Quitman Indep. Sch. Dist. (Tex. App. 2015). “12, 13 TEX. TAX CODE § 33.42(a) ................”
— Tex. Tax Code § 33.42(b) — 1 case
Hydrogeo, LLC, First Bank & Trust East Texas v. Quitman Indep. Sch. Dist. (Tex. App. 2015). “12, 13 TEX. TAX CODE § 33.42(a) ................”
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