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                               * * * * *