By Pitts                                         H.B. No. 384

      75R2351 JD-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the disclosure in a contract for the transfer of vacant

 1-3     land of certain information, including information concerning the

 1-4     imposition of additional taxes on the land.

 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.  NOTICE OF ADDITIONAL TAX LIABILITY.  (a)  A

 1-9     person who is the owner of an interest in vacant land and who

1-10     contracts for the transfer of that interest shall include in the

1-11     contract the following bold-faced notice:

1-12          NOTICE REGARDING POSSIBLE LIABILITY FOR ADDITIONAL TAXES

1-13           If for the current ad valorem tax year the taxable value of

1-14     the land that is the subject of this contract is determined by a

1-15     special appraisal method that allows for appraisal of the land at

1-16     less than its market value, the person to whom the land is

1-17     transferred may not be allowed to qualify the land for that special

1-18     appraisal in a subsequent tax year and the land may then be

1-19     appraised at its full market value.  In addition, the transfer of

1-20     the land or a subsequent change in the use of the land may result

1-21     in the imposition of an additional tax plus interest as a penalty

1-22     for the transfer or the change in the use of the land.  The taxable

1-23     value of the land and the applicable method of appraisal for the

1-24     current tax year is public information and may be obtained from the

 2-1     tax appraisal district established for the county in which the land

 2-2     is located.

 2-3           (b)  This section does not apply to a contract for a

 2-4     transfer:

 2-5                 (1)  under a court order or foreclosure sale;

 2-6                 (2)  by a trustee in bankruptcy;

 2-7                 (3)  to a mortgagee by a mortgagor or successor in

 2-8     interest or to a beneficiary of a deed of trust by a trustor or

 2-9     successor in interest;

2-10                 (4)  by a mortgagee or a beneficiary under a deed of

2-11     trust who has acquired the land at a sale conducted under a power

2-12     of sale under a deed of trust or a sale under a court-ordered

2-13     foreclosure or has acquired the land by a deed in lieu of

2-14     foreclosure;

2-15                 (5)  by a fiduciary in the course of the administration

2-16     of a decedent's estate, guardianship, conservatorship, or trust;

2-17                 (6)  of only a mineral interest, leasehold interest, or

2-18     security interest; or

2-19                 (7)  to or from a governmental entity.

2-20           (c)  The notice described by Subsection (a) is not required

2-21     to be included in a contract for transfer of an interest in land if

2-22     every transferee under the contract is:

2-23                 (1)  a person who is a co-owner with an owner described

2-24     by Subsection (a) of an undivided interest in the land; or

2-25                 (2)  a spouse or a person in the lineal line of

2-26     consanguinity of an owner described by Subsection (a).

2-27           (d)  The notice described by Subsection (a) is not required

 3-1     to be given if in a separate paragraph of the contract the contract

 3-2     expressly provides for the payment of any additional ad valorem

 3-3     taxes and interest that become due as a penalty because of:

 3-4                 (1)  the transfer of the land; or

 3-5                 (2)  a subsequent change in the use of the land.

 3-6           (e)  If the owner fails to include in the contract the notice

 3-7     described by Subsection (a), the person to whom the land is

 3-8     transferred is entitled to recover from that owner an amount equal

 3-9     to the amount of any additional taxes and interest that the person

3-10     is required to pay as a penalty because of:

3-11                 (1)  the transfer of the land; or

3-12                 (2)  a subsequent change in the use of the land that

3-13     occurs before the fifth anniversary of the date of the transfer.

3-14           SECTION 2.  This Act takes effect January 1, 1998, and

3-15     applies only to a contract  that is executed on or after that date.

3-16           SECTION 3.  The importance of this legislation and the

3-17     crowded condition of the calendars in both houses create an

3-18     emergency and an imperative public necessity that the

3-19     constitutional rule requiring bills to be read on three several

3-20     days in each house be suspended, and this rule is hereby suspended.