74R11321 PAM-F
          By Rosson, Truan, Lucio                                S.B. No. 336
          Substitute the following for S.B. No. 336:
          By Brady                                           C.S.S.B. No. 336
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to notice and cure provisions required for a defaulting
    1-3  purchaser under a contract for deed and to requirements for and
    1-4  loans associated with a contract for deed transaction in certain
    1-5  counties.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  The legislature finds that:
    1-8              (1)  the proliferation of colonias and substandard
    1-9  housing developments that lack adequate infrastructure creates
   1-10  serious and unacceptable health risks for the residents in these
   1-11  areas;
   1-12              (2)  many residents building homes in these areas do
   1-13  not have access to traditional financing and the assistance of a
   1-14  professional builder, which promotes expansion of substandard
   1-15  housing;
   1-16              (3)  the contract-for-deed arrangement allows
   1-17  low-income persons to purchase property and build homes on the
   1-18  property;
   1-19              (4)  statutory law in this state does not ensure that:
   1-20                    (A)  information about the property, including
   1-21  whether utility service is available, whether the property is
   1-22  located in a floodplain, or whether the title to the property is
   1-23  encumbered by a lien, is disclosed to the purchaser;
   1-24                    (B)  the contract is recorded to notify
    2-1  subsequent creditors of the purchaser's interest in the property;
    2-2                    (C)  legal title to the property is transferred
    2-3  to the purchaser by the seller when the purchaser has paid all
    2-4  amounts due under the contract; or
    2-5                    (D)  the purchaser's equity in the property is
    2-6  protected; and
    2-7              (5)  a purchaser under a contract-for-deed arrangement
    2-8  is faced with significant problems requiring statutory protection
    2-9  because of:
   2-10                    (A)  the inadequacy of infrastructure in areas
   2-11  where this arrangement is commonly used; and
   2-12                    (B)  the unregulated status of the
   2-13  contract-for-deed arrangement.
   2-14        SECTION 2.  Subchapter D, Chapter 5, Property Code, is
   2-15  amended to read as follows:
   2-16           SUBCHAPTER D.  EXECUTORY CONTRACT FOR CONVEYANCE
   2-17        Sec. 5.061.  AVOIDANCE OF FORFEITURE AND ACCELERATION OR OF
   2-18  RESCISSION.  A seller may enforce the remedy of rescission or of
   2-19  <a> forfeiture <of interest> and <the> acceleration against <of the
   2-20  indebtedness  of> a purchaser in default under an executory
   2-21  contract for conveyance of real property used or to be used as the
   2-22  purchaser's residence only if the seller notifies <after notifying>
   2-23  the purchaser of:
   2-24              (1)  the seller's intent to enforce a remedy under this
   2-25  section; <the forfeiture and acceleration> and
   2-26              (2)  the expiration of the following periods:
   2-27                    (A) <(1)>  if the purchaser has paid less than 10
    3-1  percent of the purchase price, 15 days after the date notice is
    3-2  given;
    3-3                    (B) <(2)>  if the purchaser has paid 10 percent
    3-4  or more but less than 20 percent of the purchase price, 30 days
    3-5  after the date notice is given; and
    3-6                    (C) <(3)>  if the purchaser has paid 20 percent
    3-7  or more of the purchase price, 60 days after the date notice is
    3-8  given.
    3-9        Sec. 5.062.  NOTICE.  (a)  Notice under Section 5.061 of this
   3-10  code must be in writing.  If the notice is mailed, it must be by
   3-11  registered or certified mail.  The notice must be conspicuous and
   3-12  printed in 14-point boldface <10-point boldfaced> type or 14-point
   3-13  uppercase typewritten letters, and must include on a separate page
   3-14  the statement:
   3-15                             NOTICE
   3-16        YOU ARE NOT COMPLYING WITH THE TERMS OF <LATE IN MAKING
   3-17        YOUR PAYMENT UNDER> THE CONTRACT TO BUY YOUR PROPERTY
   3-18        <HOME>.  UNLESS YOU TAKE THE ACTION SPECIFIED IN THIS
   3-19        NOTICE <MAKE THE PAYMENT> BY (date) THE SELLER HAS THE
   3-20        RIGHT TO TAKE POSSESSION OF YOUR PROPERTY <HOME AND TO
   3-21        KEEP ALL PAYMENTS YOU HAVE MADE TO DATE>.
   3-22        (b)  The notice must also:
   3-23              (1)  identify and explain the remedy the seller intends
   3-24  to enforce;
   3-25              (2)  if the purchaser has failed to make a timely
   3-26  payment, specify:
   3-27                    (A) <(1)>  the delinquent amount, itemized into
    4-1  principal and interest;
    4-2                    (B) <(2)>  any additional charges claimed, such
    4-3  as late charges or attorney's fees; and
    4-4                    (C) <(3)>  the period to which the delinquency
    4-5  and additional charges relate; and
    4-6              (3)  if the purchaser has failed to comply with a term
    4-7  of the contract, identify the term violated and the action required
    4-8  to cure the violation.
    4-9        (c)  Notice by mail is given when it is mailed to the
   4-10  purchaser's residence or place of business.  Notice by other
   4-11  writing is given when it is delivered to the purchaser at the
   4-12  purchaser's residence or place of business.  The affidavit of a
   4-13  person knowledgeable of the facts to the effect that notice was
   4-14  given is prima facie evidence of notice in an action involving a
   4-15  subsequent bona fide purchaser for value if the purchaser is not in
   4-16  possession of the real property and if the stated time to avoid the
   4-17  forfeiture has expired.  A bona fide subsequent purchaser for value
   4-18  who relies upon the affidavit under this subsection shall take
   4-19  title free and clear of the contract.
   4-20        Sec. 5.063.  Right to Cure Default.  Notwithstanding an
   4-21  agreement to the contrary, a purchaser in default under an
   4-22  executory contract for the conveyance of real property used or to
   4-23  be used as the purchaser's residence may, at any time before
   4-24  expiration of the applicable period provided by Section 5.061 of
   4-25  this code, avoid the enforcement of a remedy described by that
   4-26  section <forfeiture of interest and acceleration of indebtedness>
   4-27  by complying with the terms of the contract up to the date of
    5-1  compliance.
    5-2        Sec. 5.064.  Placement of Lien for Utility Service.
    5-3  Notwithstanding any terms of a contract to the contrary, the
    5-4  placement of a lien for the reasonable value of improvements to
    5-5  residential real estate for purposes of providing utility service
    5-6  to the property shall not constitute a default under the terms of
    5-7  an executory contract for the purchase of the real property.
    5-8        Sec. 5.065.  DEFAULT.  In this subchapter, "default" means
    5-9  the failure to:
   5-10              (1)  make a timely payment; or
   5-11              (2)  comply with a term of an executory contract.
   5-12        SECTION 3.  Chapter 5, Property Code, is amended by adding
   5-13  Subchapter E to read as follows:
   5-14   SUBCHAPTER E.  REQUIREMENTS FOR EXECUTORY CONTRACT FOR CONVEYANCE
   5-15                    APPLICABLE TO CERTAIN COUNTIES
   5-16        Sec. 5.091.  APPLICABILITY.  (a)  This subchapter applies
   5-17  only to an executory contract that covers real property located in
   5-18  a county that, as determined by the Texas Department of Housing and
   5-19  Community Affairs:
   5-20              (1)  has a per capita income that averaged 25 percent
   5-21  below the state average for the most recent three consecutive years
   5-22  for which statistics are available and an unemployment rate that
   5-23  averaged 25 percent above the state average for the most recent
   5-24  three consecutive years for which statistics are available; and
   5-25              (2)  is within 200 miles of an international border.
   5-26        (b)  This subchapter applies only to a transaction involving
   5-27  an executory contract for conveyance of real property used or to be
    6-1  used as the purchaser's residence.  For purposes of this
    6-2  subchapter, a lot measuring five acres or less is presumed to be
    6-3  residential property.
    6-4        (c)  This subchapter does not apply to a transaction
    6-5  involving a sale of land by the Veterans' Land Board under an
    6-6  executory contract.
    6-7        Sec. 5.092.  DETERMINATION AND NOTICE OF APPLICABILITY.
    6-8  (a)  The Texas Department of Housing and Community Affairs shall
    6-9  annually determine the counties in which this subchapter applies.
   6-10        (b)  The department shall:
   6-11              (1)  publish in the Texas Register a list of the
   6-12  counties in which this subchapter applies; and
   6-13              (2)  notify the county clerk of each county to which
   6-14  this subchapter applies.
   6-15        (c)  The notice required by Subsection (b) must state that
   6-16  Subchapter E, Chapter 5, Property Code, regulates executory
   6-17  contract transactions involving residential property located in the
   6-18  county.
   6-19        (d)  The department shall make its determination not later
   6-20  than May 1 of each year, based on consideration of statistics
   6-21  excluding the year in which the determination is made.  The
   6-22  determination is effective beginning June 1 following the
   6-23  determination.
   6-24        (e)  Immediately after receiving notice from the department,
   6-25  the county clerk shall publish a copy of the notice on three
   6-26  separate days in a newspaper of general circulation in the county.
   6-27  If no newspaper is published in the county, the clerk shall post a
    7-1  copy of the notice on three separate days on a bulletin board at a
    7-2  place convenient to the public in the county courthouse.
    7-3        Sec. 5.093.  SPANISH LANGUAGE REQUIREMENT.  If the
    7-4  negotiations that precede the execution of an executory contract
    7-5  are conducted primarily in Spanish, the seller shall provide a copy
    7-6  in Spanish of all written documents relating to the transaction,
    7-7  including the contract, disclosure notice, and annual accounting
    7-8  statements required by this subchapter and a notice of default
    7-9  required by Subchapter D.
   7-10        Sec. 5.094.  SELLER'S DISCLOSURE OF PROPERTY CONDITION.
   7-11  (a)  Before an executory contract is signed by the purchaser, the
   7-12  seller shall provide the purchaser with:
   7-13              (1)  a survey or plat of the real property;
   7-14              (2)  a legible copy of any document that describes an
   7-15  encumbrance or other claim, including a restrictive covenant or
   7-16  easement, that affects title to the real property; and
   7-17              (3)  a written notice, which must be attached to the
   7-18  contract, informing the purchaser of the condition of the property
   7-19  that must, at a minimum, be executed by the seller and purchaser
   7-20  and read substantially similar to the following:
   7-21                                WARNING
   7-22        IF ANY OF THE ITEMS BELOW HAVE NOT BEEN CHECKED, YOU
   7-23        MAY NOT BE ABLE TO LIVE ON THE PROPERTY.
   7-24                      SELLER'S DISCLOSURE NOTICE
   7-25        CONCERNING THE PROPERTY AT (street address or legal
   7-26        description and city)
   7-27        THIS DOCUMENT STATES CERTAIN APPLICABLE FACTS ABOUT THE
    8-1        LAND YOU ARE CONSIDERING PURCHASING.
    8-2        CHECK ALL THE ITEMS THAT ARE APPLICABLE OR TRUE:
    8-3        ___ The property is in a recorded subdivision.
    8-4        ___ The property has water service that provides
    8-5        potable water.
    8-6        ___ The property has sewer service.
    8-7        ___ The property has been approved by the appropriate
    8-8        municipal, county, or state agency for installation of
    8-9        a septic system.
   8-10        ___ The property has electric service.
   8-11        ___ The property is not in a floodplain.
   8-12        ___ The roads to the boundaries of the property are
   8-13        paved and maintained by:
   8-14              ___ the seller;
   8-15              ___ the owner of the property on which the road
   8-16              exists;
   8-17              ___ the municipality;
   8-18              ___ the county; or
   8-19              ___ the state.
   8-20        ___ No individual or entity other than the seller:
   8-21              (1)  owns the property;
   8-22              (2)  has a claim of ownership to the property; or
   8-23              (3)  has an interest in the property.
   8-24        ___ No individual or entity has a lien filed against
   8-25  the property.
   8-26        ___ There are no back taxes owed on the property.
   8-27        ___ There are no restrictive covenants, easements, or
    9-1        other title exceptions or encumbrances that prohibit
    9-2        construction of a house on the property.
    9-3        NOTICE:  SELLER ADVISES PURCHASER TO:
    9-4                    (1)  OBTAIN A TITLE ABSTRACT OR TITLE
    9-5        COMMITMENT COVERING THE PROPERTY AND HAVE THE ABSTRACT
    9-6        OR COMMITMENT REVIEWED BY AN ATTORNEY BEFORE SIGNING A
    9-7        CONTRACT OF THIS TYPE; AND
    9-8                    (2)  PURCHASE AN OWNER'S POLICY OF TITLE
    9-9        INSURANCE COVERING THE PROPERTY.
   9-10        ____________________               ____________________
   9-11        (Date)                            (Signature of Seller)
   9-12        ____________________               ____________________
   9-13        (Date)                         (Signature of Purchaser)
   9-14        (b)  If the property is not located in a recorded
   9-15  subdivision, the seller shall provide the purchaser with a separate
   9-16  disclosure form stating that utilities may not be available to the
   9-17  property until the subdivision is recorded as required by law.
   9-18        (c)  If the seller advertises property for sale under an
   9-19  executory contract, the advertisement must disclose information
   9-20  regarding the availability of water, sewer, and electric service.
   9-21        (d)  The seller's failure to provide information required by
   9-22  this section:
   9-23              (1)  is a false, misleading, or deceptive act or
   9-24  practice within the meaning of Section 17.46, Business & Commerce
   9-25  Code, and is actionable in a public or private suit brought under
   9-26  Subchapter E, Chapter 17, Business & Commerce Code; and
   9-27              (2)  entitles the purchaser to cancel and rescind the
   10-1  executory contract and receive a full refund of all payments made
   10-2  to the seller.
   10-3        (e)  Subsection (d) does not limit the purchaser's remedy
   10-4  against the seller for other false, misleading, or deceptive acts
   10-5  or practices actionable in a suit brought under Subchapter E,
   10-6  Chapter 17, Business & Commerce Code.
   10-7        Sec. 5.095.  SELLER'S DISCLOSURE OF FINANCING TERMS.  Before
   10-8  an executory contract is signed by the purchaser, the seller shall
   10-9  provide to the purchaser a written statement that specifies:
  10-10              (1)  the purchase price of the property;
  10-11              (2)  the interest rate charged under the contract;
  10-12              (3)  the dollar amount, or an estimate of the dollar
  10-13  amount if the interest rate is variable, of the interest charged
  10-14  for the term of the contract;
  10-15              (4)  the total amount of principal and interest to be
  10-16  paid under the contract;
  10-17              (5)  the late charge, if any, that may be assessed
  10-18  under the contract; and
  10-19              (6)  the fact that the seller may not charge a
  10-20  prepayment penalty if the purchaser elects to pay the entire amount
  10-21  due under the contract before the scheduled payment date under the
  10-22  contract.
  10-23        Sec. 5.096.  CONTRACT TERMS PROHIBITED.  A seller may not
  10-24  include as a term of the executory contract a provision that:
  10-25              (1)  imposes an additional late-payment fee that
  10-26  exceeds the lesser of:
  10-27                    (A)  five percent of the monthly payment under
   11-1  the contract; or
   11-2                    (B)  the actual administrative cost of processing
   11-3  the late payment;
   11-4              (2)  prohibits the purchaser from pledging the
   11-5  purchaser's interest in the property as security to obtain a loan
   11-6  to place improvements, including utility improvements or fire
   11-7  protection improvements, on the property; or
   11-8              (3)  imposes a prepayment penalty if the purchaser
   11-9  elects to pay the entire amount due under the contract before the
  11-10  scheduled payment date under the contract.
  11-11        Sec. 5.097.  PURCHASER'S RIGHT TO CANCEL CONTRACT WITHOUT
  11-12  CAUSE.  (a)  In addition to other rights or remedies provided by
  11-13  law, the purchaser may cancel and rescind an executory contract for
  11-14  any reason not later than the 14th day after the date of the
  11-15  contract.
  11-16        (b)  The seller shall include in immediate proximity to the
  11-17  space reserved in the executory contract for the purchaser's
  11-18  signature a statement printed in 14-point boldface type or 14-point
  11-19  uppercase typewritten letters that reads substantially similar to
  11-20  the following:
  11-21        YOU, THE PURCHASER, MAY CANCEL THIS CONTRACT AT ANY
  11-22        TIME DURING THE NEXT TWO WEEKS.  THE DEADLINE FOR
  11-23        CANCELING THE CONTRACT IS (date).  THE ATTACHED NOTICE
  11-24        OF CANCELLATION EXPLAINS THIS RIGHT.
  11-25        (c)  The seller shall provide a notice of cancellation form
  11-26  to the purchaser at the time the purchaser signs the executory
  11-27  contract that is printed in 14-point boldface type or 14-point
   12-1  uppercase typewritten letters and that reads substantially similar
   12-2  to the following:
   12-3                        NOTICE OF CANCELLATION
   12-4        (date of contract)
   12-5              YOU MAY CANCEL THE EXECUTORY CONTRACT FOR ANY
   12-6        REASON WITHOUT ANY PENALTY OR OBLIGATION BY (date).
   12-7              (1)  YOU MUST SEND A TELEGRAM OR MAIL OR DELIVER
   12-8        A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR
   12-9        ANY OTHER WRITTEN NOTICE TO (Name of Seller) AT
  12-10        (Seller's Address) BY (date).
  12-11              (2)  THE SELLER SHALL, NOT LATER THAN THE 10TH
  12-12        DAY AFTER THE DATE THE SELLER RECEIVES YOUR
  12-13        CANCELLATION NOTICE:
  12-14                    (A)  RETURN THE EXECUTED CONTRACT AND ANY
  12-15        PROPERTY EXCHANGED OR PAYMENTS MADE BY YOU UNDER THE
  12-16        CONTRACT; AND
  12-17                    (B)  CANCEL ANY SECURITY INTEREST ARISING
  12-18        OUT OF THE CONTRACT.
  12-19        I ACKNOWLEDGE RECEIPT OF THIS NOTICE OF CANCELLATION
  12-20        FORM.
  12-21        ____________________                 __________________
  12-22        (Date)                          (Purchaser's Signature)
  12-23              I HEREBY CANCEL THIS CONTRACT.
  12-24        ____________________                 __________________
  12-25        (Date)                          (Purchaser's Signature)
  12-26        (d)  The seller may not request the purchaser to sign a
  12-27  waiver of receipt of the notice of cancellation form required by
   13-1  this section.
   13-2        Sec. 5.098.  PURCHASER'S RIGHT TO PLEDGE INTEREST IN PROPERTY
   13-3  ON CONTRACTS ENTERED INTO BEFORE SEPTEMBER 1, 1995.  (a)  On an
   13-4  executory contract entered into before September 1, 1995, a
   13-5  purchaser may pledge the interest in the property, which accrues
   13-6  pursuant to Section 5.101, only to obtain a loan for improving the
   13-7  safety of the property or any improvements on the property.
   13-8        (b)  Loans that improve the safety of the property and
   13-9  improvements on the property include loans for:
  13-10              (1)  improving or connecting a residence to water
  13-11  service;
  13-12              (2)  improving or connecting a residence to a
  13-13  wastewater system;
  13-14              (3)  building or improving a septic system;
  13-15              (4)  structural improvements in the residence; and
  13-16              (5)  improved fire protection.
  13-17        Sec. 5.099.  RECORDING REQUIREMENTS.  (a)  Except as provided
  13-18  by Subsection (b), the seller shall record the executory contract,
  13-19  including the attached disclosure statement required by Section
  13-20  5.094, as prescribed by Title 3.
  13-21        (b)  Section 12.002(c) does not apply to an executory
  13-22  contract filed for record under this section.
  13-23        (c)  If the executory contract is terminated for any reason,
  13-24  the seller shall record the instrument that terminates the
  13-25  contract.
  13-26        (d)  The county clerk shall collect the filing fee prescribed
  13-27  by Section 118.011, Local Government Code.
   14-1        Sec. 5.100.  ANNUAL ACCOUNTING STATEMENT.  (a)  The seller
   14-2  shall provide the purchaser with an annual statement in January of
   14-3  each year for the term of the executory contract.  If the seller
   14-4  mails the statement to the purchaser, the statement must be
   14-5  postmarked not later than January 31.
   14-6        (b)  The statement must include the following information:
   14-7              (1)  the amount paid under the contract;
   14-8              (2)  the remaining amount owed under the contract; and
   14-9              (3)  the number of payments remaining under the
  14-10  contract.
  14-11        (c)  If the seller fails to comply with Subsection (a), the
  14-12  purchaser may:
  14-13              (1)  notify the seller that the purchaser has not
  14-14  received the statement and will deduct 15 percent of each monthly
  14-15  payment due until the statement is received; and
  14-16              (2)  not earlier than the 25th day after the date the
  14-17  purchaser provides the seller notice under this subsection, deduct
  14-18  15 percent of each monthly payment due until the statement is
  14-19  received by the purchaser.
  14-20        (d)  A purchaser who makes a deduction under Subsection (c)
  14-21  is not required to reimburse the seller for the amount deducted.
  14-22        Sec. 5.101.  EQUITY PROTECTION; SALE OF PROPERTY.  (a)  If a
  14-23  purchaser defaults after the purchaser has paid 40 percent or more
  14-24  of the amount due or the equivalent of 48 monthly payments under
  14-25  the executory contract, the seller is granted the power to sell,
  14-26  through a trustee designated by the seller, the purchaser's
  14-27  interest in the property as provided by this section.  The seller
   15-1  may not enforce the remedy of rescission or of forfeiture and
   15-2  acceleration.
   15-3        (b)  The seller shall notify a purchaser of a default under
   15-4  the contract and allow the purchaser at least 60 days after the
   15-5  date notice is given to cure the default.  The notice must be
   15-6  provided as prescribed by Section 5.062 except that the notice must
   15-7  substitute the following statement:
   15-8                                NOTICE
   15-9        YOU ARE NOT COMPLYING WITH THE TERMS OF THE CONTRACT TO
  15-10        BUY YOUR PROPERTY.  UNLESS YOU TAKE THE ACTION
  15-11        SPECIFIED IN THIS NOTICE BY (date) A TRUSTEE DESIGNATED
  15-12        BY THE SELLER HAS THE RIGHT TO SELL YOUR PROPERTY AT A
  15-13        PUBLIC AUCTION.
  15-14        (c)  The trustee or a substitute trustee designated by the
  15-15  seller must post, file, and serve a notice of sale and the county
  15-16  clerk shall record and maintain the notice of sale as prescribed by
  15-17  Section 51.002.  A notice of sale is not valid unless it is given
  15-18  after the period to cure has expired.
  15-19        (d)  The trustee or a substitute trustee designated by the
  15-20  seller must conduct the sale as prescribed by Section 51.002.  The
  15-21  seller must convey to a purchaser at a sale conducted under this
  15-22  section fee simple title to the real property.
  15-23        (e)  The remaining balance of the amount due under the
  15-24  executory contract is the debt for purposes of a sale under this
  15-25  section.  If the proceeds of the sale exceed the debt amount, the
  15-26  seller shall disburse the excess funds to the purchaser under the
  15-27  executory contract.  If the proceeds of the sale are insufficient
   16-1  to extinguish the debt amount, the seller's right to recover the
   16-2  resulting deficiency is subject to Sections 51.003, 51.004, and
   16-3  51.005 unless a provision of the executory contract releases the
   16-4  purchaser under the contract from liability.
   16-5        (f)  The affidavit of a person knowledgeable of the facts
   16-6  that states that the notice was given and the sale was conducted as
   16-7  provided by this section is prima facie evidence of those facts in
   16-8  an action involving a bona fide purchaser at the sale or a
   16-9  subsequent bona fide purchaser for value if the purchaser under the
  16-10  executory contract is not in possession of the property and if the
  16-11  period to cure the default has expired.  A bona fide purchaser for
  16-12  value who relies on  an affidavit under this subsection acquires
  16-13  title to the property free and clear of the executory contract.
  16-14        (g)  If a purchaser defaults before the purchaser has paid 40
  16-15  percent of the amount due or the equivalent of 48 monthly payments
  16-16  under the executory contract,  the seller may enforce the remedy of
  16-17  rescission or of forfeiture and acceleration of the indebtedness if
  16-18  the seller complies with the notice requirements of Sections 5.061
  16-19  and 5.062.
  16-20        Sec. 5.102.  TITLE TRANSFER.  (a)  The seller shall transfer
  16-21  recorded, legal title of the property covered by the executory
  16-22  contract to the purchaser not later than the 30th day after the
  16-23  date the seller receives the purchaser's final payment due under
  16-24  the contract.
  16-25        (b)  A seller who violates Subsection (a) is subject to a
  16-26  penalty of:
  16-27              (1)  $250 a day for each day the seller fails to
   17-1  transfer the title to the purchaser during the period that begins
   17-2  the 31st day and ends the 90th day after the date the seller
   17-3  receives the purchaser's final payment due under the contract; and
   17-4              (2)  $500 a day for each day the seller fails to
   17-5  transfer title to the purchaser after the 90th day after the date
   17-6  the seller receives the purchaser's final payment due under the
   17-7  contract.
   17-8        (c)  In this section, "seller" includes a successor,
   17-9  assignee, personal representative, executor, or administrator of
  17-10  the seller.
  17-11        Sec. 5.103.  LIABILITY FOR DISCLOSURES.  For purposes of this
  17-12  subchapter, a disclosure required by this subchapter that is made
  17-13  by a seller's agent is a disclosure made by the seller.
  17-14        SECTION 4.  Section 2306.092, Government Code, is amended to
  17-15  read as follows:
  17-16        Sec. 2306.092.  Duties.  The department, through the
  17-17  community affairs division, shall:
  17-18              (1)  maintain communication with local governments and
  17-19  act as an advocate for local governments at the state and federal
  17-20  levels;
  17-21              (2)  assist local governments with advisory and
  17-22  technical services;
  17-23              (3)  provide financial aid to local governments and
  17-24  combinations of local governments for programs that are authorized
  17-25  to receive assistance;
  17-26              (4)  provide information about and referrals for state
  17-27  and federal programs and services that affect local governments;
   18-1              (5)  administer, conduct, or jointly sponsor
   18-2  educational and training programs for local government officials;
   18-3              (6)  conduct research on problems of general concern to
   18-4  local governments;
   18-5              (7)  collect, publish, and distribute information
   18-6  useful to local governments, including information on:
   18-7                    (A)  local government finances and employment;
   18-8                    (B)  housing;
   18-9                    (C)  population characteristics; and
  18-10                    (D)  land-use patterns;
  18-11              (8)  encourage cooperation among local governments as
  18-12  appropriate;
  18-13              (9)  advise and inform the governor and the legislature
  18-14  about the affairs of local governments and recommend necessary
  18-15  action;
  18-16              (10)  assist the governor in coordinating federal and
  18-17  state activities affecting local governments;
  18-18              (11)  administer, as appropriate:
  18-19                    (A)  state responsibilities for programs created
  18-20  under the federal Economic Opportunity Act of 1964 (42 U.S.C.
  18-21  Section 2701 et seq.);
  18-22                    (B)  programs assigned to the department under
  18-23  the Omnibus Budget Reconciliation Act of 1981 (Pub.L. No. 97-35);
  18-24  and
  18-25                    (C)  other federal acts creating economic
  18-26  opportunity programs assigned to the department;
  18-27              (12)  develop a consumer education program to educate
   19-1  consumers on executory contract transactions for conveyance of real
   19-2  property used or to be used as the consumer's residence;
   19-3              (13)  adopt rules that are necessary and proper to
   19-4  carry out programs and responsibilities assigned by the legislature
   19-5  or the governor; and
   19-6              (14) <(13)>  perform other duties relating to local
   19-7  government that are assigned by the legislature or the governor.
   19-8        SECTION 5.  The change in law made by Section 2 of this Act
   19-9  applies to enforcement, cancellation, or rescission of executory
  19-10  contracts on which the purchaser defaults on or after the effective
  19-11  date of this Act regardless of when the contract was entered.  A
  19-12  purchaser who is in default before the effective date of this Act
  19-13  is covered by the law in effect when the default occurred, and the
  19-14  former law is continued in effect for that purpose.
  19-15        SECTION 6.  This Act takes effect September 1, 1995, except
  19-16  that:
  19-17              (1)  Subchapter E, Chapter 5, Property Code, as added
  19-18  by this Act, applies in a county beginning on a date designated by
  19-19  the Texas Department of Housing and Community Affairs, which date
  19-20  must be at least 30 days after the date on which notice is given to
  19-21  the county clerk under that subchapter, but not later than November
  19-22  1, 1995; and
  19-23              (2)  the Texas Department of Housing and Community
  19-24  Affairs shall act as soon as practicable to make the initial
  19-25  determinations under Subchapter E, Chapter 5, Property Code, as
  19-26  added by this Act, and shall publish and give notice of those
  19-27  determinations not later than October 1, 1995.
   20-1        SECTION 7.  The importance of this legislation and the
   20-2  crowded condition of the calendars in both houses create an
   20-3  emergency and an imperative public necessity that the
   20-4  constitutional rule requiring bills to be read on three several
   20-5  days in each house be suspended, and this rule is hereby suspended.