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A BILL TO BE ENTITLED
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AN ACT
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relating to notice of water and wastewater requirements for the |
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foreclosure sale of residential properties by certain political |
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subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 232.0315, Local |
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Government Code, is amended to read as follows: |
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Sec. 232.0315. NOTICE OF WATER AND WASTEWATER REQUIREMENTS |
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BY POLITICAL SUBDIVISIONS [COUNTIES]. |
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SECTION 2. Sections 232.0315(a) and (b), Local Government |
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Code, are amended to read as follows: |
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(a) This section applies only to a county or other political |
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subdivision located in the county that sells: |
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(1) under Section 34.01, Tax Code, real property |
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presumed to be for residential use under Section 232.022; or |
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(2) under Section 3, Part VI, Texas Rules of Civil |
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Procedure, and Chapter 34, Civil Practice and Remedies Code, real |
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property presumed to be for residential use under Section 232.022, |
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taken by virtue of a writ of execution. |
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(b) A county or other political subdivision located in the |
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county shall include in the public notice of sale of the property |
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and the deed conveying the property a statement substantially |
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similar to the following: |
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"THIS SALE IS BEING CONDUCTED PURSUANT TO STATUTORY OR |
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JUDICIAL REQUIREMENTS. BIDDERS WILL BID ON THE RIGHTS, TITLE, AND |
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INTERESTS, IF ANY, IN THE REAL PROPERTY OFFERED. |
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"THE PROPERTY IS SOLD AS IS, WHERE IS, AND WITHOUT ANY |
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WARRANTY, EITHER EXPRESS OR IMPLIED. NEITHER THE SELLER [COUNTY] |
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NOR THE SHERIFF'S DEPARTMENT WARRANTS OR MAKES ANY REPRESENTATIONS |
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ABOUT THE PROPERTY'S TITLE, CONDITION, HABITABILITY, |
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MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BUYERS |
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ASSUME ALL RISKS. |
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"IN SOME SITUATIONS, A LOT OF FIVE ACRES OR LESS IS PRESUMED |
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TO BE INTENDED FOR RESIDENTIAL USE. HOWEVER, IF THE PROPERTY LACKS |
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WATER OR WASTEWATER SERVICE, THE PROPERTY MAY NOT QUALIFY FOR |
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RESIDENTIAL USE. A POTENTIAL BUYER WHO WOULD LIKE MORE INFORMATION |
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SHOULD MAKE ADDITIONAL INQUIRIES OR CONSULT WITH PRIVATE COUNSEL." |
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SECTION 3. Section 34.01(e), Tax Code, is amended to read as |
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follows: |
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(e) A notice of sale under Subsection (c) must substantially |
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comply with this subsection. The notice must include: |
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(1) a statement of the authority under which the sale |
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is to be made; |
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(2) the date, time, and location of the sale; [and] |
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(3) a brief description of the property to be sold; and |
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(4) the statement required by Section 232.0315, Local |
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Government Code, if the real property subject to the sale is located |
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in a county subject to Subchapter B, Chapter 232, of that code and |
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is presumed to be for residential use under Section 232.022 of that |
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code. |
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SECTION 4. The changes in law made by this Act apply only to |
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a sale for which public notice is required on or after the effective |
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date of this Act. A sale for which public notice is required before |
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the effective date of this Act is governed by the law in effect when |
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the public notice was provided, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |
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