73R196 LJD-D By Bosse H.B. No. 452 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the notice required for forfeiture and acceleration of 1-3 indebtedness under an executory contract for conveyance of real 1-4 property. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 5.062, Property Code, is amended to read 1-7 as follows: 1-8 Sec. 5.062. Notice. (a) Notice under Section 5.061 of this 1-9 code must be in writing. If the notice is mailed, it must be by 1-10 registered or certified mail. The notice must be conspicuous and 1-11 printed in 10-point boldfaced type or uppercase typewritten 1-12 letters, and must include the statement: 1-13 NOTICE 1-14 YOU ARE LATE IN MAKING YOUR PAYMENT UNDER 1-15 THE CONTRACT TO BUY YOUR HOME. UNLESS YOU 1-16 MAKE THE PAYMENT BY (date) THE SELLER HAS 1-17 THE RIGHT TO TAKE POSSESSION OF YOUR HOME 1-18 AND TO KEEP ALL PAYMENTS YOU HAVE MADE TO 1-19 DATE. 1-20 (b) The notice must also specify: 1-21 (1) the delinquent amount, itemized into principal and 1-22 interest; 1-23 (2) any additional charges claimed, such as late 1-24 charges or attorney's fees; and 2-1 (3) the period to which the delinquency and additional 2-2 charges relate. 2-3 (c) Notice by mail is given when it is mailed to the 2-4 purchaser's residence or place of business. Notice by other 2-5 writing is given when it is delivered to the purchaser at the 2-6 purchaser's residence or place of business. 2-7 SECTION 2. This Act takes effect September 1, 1993. 2-8 SECTION 3. The importance of this legislation and the 2-9 crowded condition of the calendars in both houses create an 2-10 emergency and an imperative public necessity that the 2-11 constitutional rule requiring bills to be read on three several 2-12 days in each house be suspended, and this rule is hereby suspended. 2-13 COMMITTEE AMENDMENT NO. 1 2-14 Amend H.B. 452 by adding two sentences at the end of line 6 2-15 on page 2, to read as follows: 2-16 "The affidavit of a person knowledgeable of the facts to the 2-17 effect that notice was given is prima facie evidence of notice. A 2-18 subsequent bona fide purchaser for value who relies upon the 2-19 affidavit shall take title free and clear of the contract if the 2-20 purchaser is not in possession of the real property and if the 2-21 stated time to avoid the forfeiture has expired." 2-22 Crabb