74R5063 CAG-D
          By Farrar                                              H.B. No. 741
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the liability of certain municipalities for a claim
    1-3  arising from land acquired at a sale following the foreclosure of a
    1-4  lien held by the municipality.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter C, Chapter 101, Civil Practice and
    1-7  Remedies Code, is amended by adding Section 101.064 to read as
    1-8  follows:
    1-9        Sec. 101.064. LAND ACQUIRED UNDER FORECLOSURE OF LIEN.  (a)
   1-10  This section applies only to a municipality with a population of
   1-11  1.5 million or more that acquires land at a sale following the
   1-12  foreclosure of a lien held by the municipality.
   1-13        (b)  This chapter does not apply to a claim that:
   1-14              (1)  arises after the date the land was acquired and
   1-15  before the date the land is sold, conveyed, or exchanged by the
   1-16  municipality; and
   1-17              (2)  arises from:
   1-18                    (A)  the condition of the land;
   1-19                    (B)  a premises defect on the land; or
   1-20                    (C)  an action committed by any person, other
   1-21  than an agent or employee of the municipality, on the land.
   1-22        (c)  In this section, the term "land" includes any building
   1-23  or improvement located on land acquired by a municipality.
    2-1        SECTION 2.  The change in law made by this Act by the
    2-2  addition of Section 101.064, Civil Practice and Remedies Code,
    2-3  applies only to a claim brought against a municipality that is
    2-4  filed with a court on or after the effective date of this Act. A
    2-5  claim filed with a court before the effective date of this Act is
    2-6  governed by the law as it existed immediately before the effective
    2-7  date of this Act, and that law is continued in effect for that
    2-8  purpose.
    2-9        SECTION 3.  The importance of this legislation and the
   2-10  crowded condition of the calendars in both houses create an
   2-11  emergency and an imperative public necessity that the
   2-12  constitutional rule requiring bills to be read on three several
   2-13  days in each house be suspended, and this rule is hereby suspended,
   2-14  and that this Act take effect and be in force from and after its
   2-15  passage, and it is so enacted.