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 * * * * *