By Serna                                         H.B. No. 357

      75R2508 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to providing a criminal penalty for failure to comply with

 1-3     document language requirements in certain executory contract

 1-4     transactions.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 5.093, Property Code, is amended to read

 1-7     as follows:

 1-8           Sec. 5.093.  SPANISH LANGUAGE REQUIREMENT.  (a)  If the

 1-9     negotiations that precede the execution of an executory contract

1-10     are conducted primarily in Spanish, the seller shall provide a copy

1-11     in Spanish of all written documents relating to the transaction,

1-12     including the contract, disclosure notice, and annual accounting

1-13     statements required by this subchapter and a notice of default

1-14     required by Subchapter D.

1-15           (b)  A seller commits an offense if the seller fails to

1-16     comply with this section.  An offense under this section is a Class

1-17     C misdemeanor.

1-18           SECTION 2.  This Act takes effect September 1, 1997.  The

1-19     change in law made by this Act applies only to conduct that occurs

1-20     on or after the effective date of this Act.  For purposes of this

1-21     section, conduct occurs before the effective date of this Act if

1-22     any element of the conduct occurs before that date.

1-23           SECTION 3.  The importance of this legislation and the

1-24     crowded condition of the calendars in both houses create an

 2-1     emergency and an imperative public necessity that the

 2-2     constitutional rule requiring bills to be read on three several

 2-3     days in each house be suspended, and this rule is hereby suspended.