| (a) Franchise tax liens are filed and recorded in accordance with the Tax Code, Chapter 113. If the filing and recording of the lien resulted from a corporation's failure to file franchise tax reports and make franchise tax payments when due, payment solely of the amount reflected in the lien, as recorded, is insufficient to release the lien. Before the lien will be released, all delinquent reports must be filed and all taxes, penalties, and interest shown to be due must be paid. (b) A lien is routinely filed in each county in which it is known that the delinquent corporation owns property. A lien filed as the result of forfeiture of a corporation's corporate privileges in Texas will be routinely and automatically released upon revival of the corporation's corporate privileges. Revival is accomplished when the corporation files all delinquent franchise tax reports and pays all delinquent taxes, penalties, and interest. However, a
corporation must request release of a lien filed against its property under any other circumstances. (c) Where a lien secures more than one lot or tract of land, a release of the lien against any one of the lots or tracts owned by a corporation may be given by the comptroller in accordance with the provisions of the Tax Code, §113.008. (d) If a franchise tax lien is filed and recorded against the property of the registered agent of a corporation or other individual, a release will be furnished to the individual, discharging him from all responsibility as regards the state's lien. The release, however, will expressly maintain and continue in full force and effect the state's lien against the property of the corporation. (e) Where a lien is based on a court judgment in which a specific amount of taxes, penalties, and interest is awarded to the state, the judgment and franchise tax lien will be released upon payment
by the corporation of the specific amount awarded by the judgment, plus payment of any court costs awarded to the state and of interest from the date of the judgment until the date of payment by the corporation. (f) A franchise tax lien filed after January 1, 1970, is subject to the rule of "first in time, first in right," but is cumulative and covers franchise tax accruing after filing of the lien. Federal court decisions may vary this rule with regard to federal liens. (1) The comptroller may issue a release as to a particular piece of property upon payment of the value of the lien, where the property is sold at a private sale (rather than at a foreclosure sale) and the state's lien is inferior to one or more prior liens. The "value of the lien" is determined in these circumstances by subtracting the amount of all prior liens from the sales price. If the total amount of the prior liens is greater than the sales price, a release may be given
upon payment of a nominal consideration. (2) A state tax lien is invalidated by a formal foreclosure sale under a deed of trust, but not under a judicial foreclosure unless the state was joined as a party to the proceedings. Releases are not issued for a state lien which has been invalidated by either of these proceedings.
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