1-1 By: Farrar (Senate Sponsor - Ellis) H.B. No. 741
1-2 (In the Senate - Received from the House May 4, 1995;
1-3 May 5, 1995, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 17, 1995, reported favorably by
1-5 the following vote: Yeas 8, Nays 0; May 17, 1995, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the liability of certain municipalities for a claim
1-10 arising from land acquired at a sale following the foreclosure of a
1-11 lien held by the municipality.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subchapter C, Chapter 101, Civil Practice and
1-14 Remedies Code, is amended by adding Section 101.064 to read as
1-15 follows:
1-16 Sec. 101.064. LAND ACQUIRED UNDER FORECLOSURE OF LIEN. (a)
1-17 This section applies only to a municipality with a population of
1-18 1.5 million or more that acquires land at a sale following the
1-19 foreclosure of a lien held by the municipality.
1-20 (b) This chapter does not apply to a claim that:
1-21 (1) arises after the date the land was acquired and
1-22 before the date the land is sold, conveyed, or exchanged by the
1-23 municipality; and
1-24 (2) arises from:
1-25 (A) the condition of the land;
1-26 (B) a premises defect on the land; or
1-27 (C) an action committed by any person, other
1-28 than an agent or employee of the municipality, on the land.
1-29 (c) In this section, the term "land" includes any building
1-30 or improvement located on land acquired by a municipality.
1-31 SECTION 2. The change in law made by this Act by the
1-32 addition of Section 101.064, Civil Practice and Remedies Code,
1-33 applies only to a claim brought against a municipality that is
1-34 filed with a court on or after the effective date of this Act. A
1-35 claim filed with a court before the effective date of this Act is
1-36 governed by the law as it existed immediately before the effective
1-37 date of this Act, and that law is continued in effect for that
1-38 purpose.
1-39 SECTION 3. The importance of this legislation and the
1-40 crowded condition of the calendars in both houses create an
1-41 emergency and an imperative public necessity that the
1-42 constitutional rule requiring bills to be read on three several
1-43 days in each house be suspended, and this rule is hereby suspended,
1-44 and that this Act take effect and be in force from and after its
1-45 passage, and it is so enacted.
1-46 * * * * *