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AN ACT
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relating to notice of relief available to certain members of the |
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military required to be provided in certain real property |
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documentation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24.0051(d), Property Code, is amended to |
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read as follows: |
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(d) In a suit described by Subsection (c), the citation |
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required by Rule 739, Texas Rules of Civil Procedure, must include |
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the following notice to the defendant on the first page of the |
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citation in English and Spanish and in conspicuous bold print: |
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SUIT TO EVICT |
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THIS SUIT TO EVICT INVOLVES IMMEDIATE DEADLINES. A TENANT |
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WHO IS SERVING ON ACTIVE MILITARY DUTY MAY HAVE SPECIAL RIGHTS OR |
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RELIEF RELATED TO THIS SUIT UNDER FEDERAL LAW, INCLUDING THE |
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SERVICEMEMBERS CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET |
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SEQ.), OR STATE LAW, INCLUDING SECTION 92.017, TEXAS PROPERTY CODE. |
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CALL THE STATE BAR OF TEXAS TOLL-FREE AT 1-877-9TEXBAR IF YOU NEED |
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HELP LOCATING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE AN |
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ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST LEGAL |
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ASSISTANCE. |
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SECTION 2. Section 51.002, Property Code, is amended by |
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adding Subsection (i) to read as follows: |
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(i) A notice served on a debtor under this section must |
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contain, in addition to any other statements required under this |
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section, language substantially similar to the following: |
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"Assert and protect your rights as a member of the armed |
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forces of the United States. If you are or your spouse is serving on |
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active military duty, including active military duty as a member of |
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the Texas National Guard or the National Guard of another state or |
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as a member of a reserve component of the armed forces of the United |
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States, please send written notice of the active duty military |
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service to the sender of this notice immediately." |
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SECTION 3. Section 209.006(b), Property Code, is amended to |
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read as follows: |
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(b) The notice must: |
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(1) describe the violation or property damage that is |
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the basis for the suspension action, charge, or fine and state any |
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amount due the association from the owner; and |
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(2) inform the owner that the owner: |
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(A) is entitled to a reasonable period to cure |
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the violation and avoid the fine or suspension unless the owner was |
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given notice and a reasonable opportunity to cure a similar |
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violation within the preceding six months; [and] |
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(B) may request a hearing under Section 209.007 |
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on or before the 30th day after the date the owner receives the |
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notice; and |
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(C) may have special rights or relief related to |
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the enforcement action under federal law, including the |
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Servicemembers Civil Relief Act (50 U.S.C. app. Section 501 et |
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seq.), if the owner is serving on active military duty. |
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SECTION 4. The change in law made by Section 24.0051, |
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Property Code, as amended by this Act, applies only to a suit for |
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which notice is required under Chapter 24, Property Code, that is |
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filed on or after the effective date of this Act. A suit for which |
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notice is required under Chapter 24, Property Code, that is filed |
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before the effective date of this Act is governed by the law in |
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effect immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 5. The change in law made by Section 51.002, |
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Property Code, as amended by this Act, applies only to a sale for |
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which a notice is required under that section on or after the |
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effective date of this Act. A sale for which notice is required |
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under Section 51.002, Property Code, before the effective date of |
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this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 6. The change in law made by Section 209.006, |
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Property Code, as amended by this Act, applies only to an |
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enforcement action for which a notice is required under that |
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section that commences on or after the effective date of this Act. |
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An enforcement action for which notice is required under Section |
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209.006, Property Code, that commences before the effective date of |
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this Act is governed by the law in effect when the enforcement |
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action commenced, and that law is continued in effect for that |
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purpose. |
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SECTION 7. This Act takes effect January 1, 2012. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1127 was passed by the House on April |
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26, 2011, by the following vote: Yeas 148, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1127 on May 21, 2011, by the following vote: Yeas 138, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1127 was passed by the Senate, with |
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amendments, on May 19, 2011, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |