By Pitts                                               H.B. No. 946
       74R1212 SMH-D
                                 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 PROPERTY TAX INFORMATION.
    1-9  (a)  A person who is the owner of a fee simple interest in real
   1-10  property and who contracts for the sale of that interest shall give
   1-11  to each party who is a purchaser a written notice that is signed by
   1-12  the owner and that is substantially in the following form:
   1-13                 OWNER'S DISCLOSURE OF TAX INFORMATION
   1-14        1.  Property description:____________________________________
   1-15  ___________________________________________________________________
   1-16  ___________________________________________________________________
   1-17        2.  Did the property, for the tax year ending on the last
   1-18  preceding December 31, receive a total or partial exemption from ad
   1-19  valorem taxation?    Yes    No.  If yes, explain.  (Attach
   1-20  additional sheets if necessary.)___________________________________
   1-21  ___________________________________________________________________
   1-22  ___________________________________________________________________
   1-23  ___________________________________________________________________
   1-24        3.  Was the property, for the tax year ending on the last
    2-1  preceding December 31, appraised as agricultural or open-space
    2-2  land, timberland, recreational, park, or scenic-use land, or public
    2-3  access airport property so that an additional tax may be imposed as
    2-4  a penalty if the property no longer qualifies to be appraised in
    2-5  that manner?    Yes    No.  If yes, explain.  (Attach additional
    2-6  sheets if necessary.)______________________________________________
    2-7  ___________________________________________________________________
    2-8  ___________________________________________________________________
    2-9  ___________________________________________________________________
   2-10  ________________________                  _________________________
   2-11  Date                                       Signature of Owner
   2-12  The undersigned purchaser acknowledges receipt of this notice.
   2-13  ________________________                  _________________________
   2-14  Date                                       Signature of Purchaser
   2-15        (b)  This section does not apply to a contract for a
   2-16  transfer:
   2-17              (1)  under a court order or foreclosure sale;
   2-18              (2)  by a trustee in bankruptcy;
   2-19              (3)  to a mortgagee by a mortgagor or successor in
   2-20  interest or to a beneficiary of a deed of trust by a trustor or
   2-21  successor in interest;
   2-22              (4)  by a mortgagee or a beneficiary under a deed of
   2-23  trust who has acquired the property at a sale conducted under a
   2-24  power of sale under a deed of trust or a sale under a court-ordered
   2-25  foreclosure or has acquired the property by a deed in lieu of
   2-26  foreclosure;
   2-27              (5)  by a fiduciary in the course of the administration
    3-1  of a decedent's estate, guardianship, conservatorship, or trust; or
    3-2              (6)  to or from a governmental entity.
    3-3        (c)  The notice described by Subsection (a) is not required
    3-4  to be given to:
    3-5              (1)  a person who is a co-owner with an owner described
    3-6  by Subsection (a) of an undivided interest in the property; or
    3-7              (2)  a spouse or a person in the lineal line of
    3-8  consanguinity of an owner described by Subsection (a).
    3-9        (d)  The owner shall deliver the notice to the purchaser on
   3-10  or before the effective date of the contract binding the purchaser
   3-11  to purchase the property.  If the owner fails to provide the notice
   3-12  on or before the effective date of the contract, the purchaser may
   3-13  terminate the contract for any reason before closing.
   3-14        SECTION 2.  This Act takes effect January 1, 1996, and
   3-15  applies only to a contract of sale that is executed on or after
   3-16  that date.
   3-17        SECTION 3.  The importance of this legislation and the
   3-18  crowded condition of the calendars in both houses create an
   3-19  emergency and an imperative public necessity that the
   3-20  constitutional rule requiring bills to be read on three several
   3-21  days in each house be suspended, and this rule is hereby suspended.