By Pitts                                               H.B. No. 946
          Substitute the following for H.B. No. 946:
          By Solomons                                        C.S.H.B. No. 946
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the disclosure at the sale of real property of
    1-3  information concerning the imposition of ad valorem taxes on the
    1-4  property.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter A, chapter 5, Property Code, is
    1-7  amended by adding Section 5.010 to read as follows:
    1-8        Sec. 5.010.  OWNER'S DISCLOSURE OF SPECIAL USE PROPERTY TAX
    1-9  INFORMATION.  (a)  The owner of a fee simple interest in real
   1-10  property which was appraised as agricultural or open-space land,
   1-11  timberland, recreational, park, or scenic-use land, or public
   1-12  access airport property for the current or preceding five tax years
   1-13  and who contracts for the sale of that interest shall give to each
   1-14  party who is a purchaser a written notice that is signed by the
   1-15  owner and that is substantially in the following form:
   1-16           OWNER'S DISCLOSURE OF SPECIAL USE TAX INFORMATION
   1-17        1.  Property description:____________________________________
   1-18  ___________________________________________________________________
   1-19  (and more particularly described as an exhibit to this disclosure.)
   1-20        2.  Is the property currently, or for any of the preceding
   1-21  five tax years, appraised by any taxing authority so as to receive
   1-22  a total or partial exemption from ad valorem taxation for use as
   1-23  agricultural or open-space land, timberland, recreational, park, or
   1-24  scenic-use land, or public access airport property?
    2-1  Yes _______ No _______.  If   yes,   explain.   (Attach additional
    2-2  sheets if necessary.)  ___________________________________________
    2-3  __________________________________________________________________
    2-4  __________________________________________________________________
    2-5  __________________________________________________________________
    2-6  if the answer to question two is YES, then:
    2-7        YOU ARE ADVISED THAT AN ADDITIONAL TAX MAY BE IMPOSED
    2-8        IF THE PROPERTY ABOVE DESCRIBED NO LONGER QUALIFIES TO
    2-9        BE APPRAISED IN THAT MANNER.  THE ________ COUNTY
   2-10        APPRAISAL DISTRICT CAN PROVIDE YOU FURTHER INFORMATION
   2-11        BEFORE YOU EXECUTE A CONTRACT FOR PURCHASE OF THE
   2-12        PROPERTY.
   2-13  _______________________                     _______________________
   2-14  Signature of Owner                           Signature of Purchaser
   2-15  _______________                                     _______________
   2-16  Date                                                           Date
   2-17        (b)  This section shall not apply to a transfer:
   2-18              (1)  under a court order;
   2-19              (2)  by a trustee in bankruptcy;
   2-20              (3)  to a purchaser at a foreclosure sale conducted
   2-21  under a power of sale under a deed of trust or a sale under a
   2-22  court-ordered foreclosure; or, a purchaser who has acquired the
   2-23  property by a deed-in-lieu of foreclosure;
   2-24              (4)  by a fiduciary in the course of the administration
   2-25  of a decedent's estate, guardianship, conservatorship, or trust; or
   2-26              (5)  to or from a governmental entity.
   2-27        (c)  The notice described by Subsection (a) is not required
    3-1  to be given to:
    3-2              (1)  a person who is a co-owner with an owner described
    3-3  by Subsection (a) of an undivided interest in the property; or
    3-4              (2)  the spouse or a person in the lineal line of
    3-5  consanguinity of an owner described by Subsection (a).
    3-6        (d)  The failure of the seller to disclose the special use
    3-7  tax status of the property, prior to the execution of the contract
    3-8  by purchaser, shall make the seller liable for those additional
    3-9  taxes, plus any penalty and interest arising from such appraisal.
   3-10        (e)  The liability for the additional taxes, penalty and
   3-11  interest shall not be merged with the conveyance of title of the
   3-12  property except that the parties may agree in writing to waive the
   3-13  requirements in subsection (d) under this section only after the
   3-14  above notice has been given.
   3-15        SECTION 2.  This Act takes effect January 1, 1996, and
   3-16  applies only to a contract of sale that is executed on or after
   3-17  that date.
   3-18        SECTION 3.  The importance of this legislation and the
   3-19  crowded condition of the calendars in both houses create an
   3-20  emergency and an imperative public necessity that the
   3-21  constitutional rule requiring bills to be read on three several
   3-22  days in each house be suspended, and this rule is hereby suspended.