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
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.”
Sylvia R. Bush, Robert Hailey, Barry Lee Hailey, Quail Pasture LP as Successor to Gwen Geltemeyer, David Jess St. Clair, Justin Dallas St. Clair, Joh Christopher St. Clair, Julie A. Canon, Lynn D. Hughes, Donna Pepper, Armadura Fam. Holdings, LP, Melanie S. Lee, John F. Griffin, Goat Hill Props., LLC, Rosetta Resources Operating LP, Rosetta Resources Operating GP, LLC & Noble Energy v. Yarborough Oil & Gas, LP, Carrollton Mineral Partners, Carollton Mineral Partners Fund II, LP, Sterling MI-RO Partners, LP, Eagle Oil & Gas Partners, LLC, Eagle Oil & Gas Co., Dexter Capital Co. LLC, Est. of Robert Mitchell Sayre, Lambert Land Co., LLC, Ralph & Martha Brown as Trs. of the Ralph A. Brown & Martha Brown Revocable Trust Dated 04-15-2015, Jordex Investments Co., Desert Partners IV, L.P. (Tex. App. 2024).
“See Tex. Tax Code Ann. §§ 33.42 (c), 33.44; see also Pram Int’l, Inc.”
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
— Tex. Tax Code § 33.42(b) — 1 case
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