74R5063 CAG-D By Farrar H.B. No. 741 Substitute the following for H.B. No. 741: By Davila C.S.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.