By Howard                                              H.B. No. 641
         76R11169 PAM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to requiring a municipal utility district to disclose to
 1-3     the purchaser of residential real property whether the property is
 1-4     located in a municipality's corporate boundaries or
 1-5     extraterritorial jurisdiction.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Section 49.452, Water Code, is amended to read as
 1-8     follows:
 1-9           Sec. 49.452.  NOTICE TO PURCHASERS.  (a)(1)  Any person who
1-10     proposes to sell or convey real property located in a district
1-11     created under this title or by a special Act of the legislature
1-12     that is providing or proposing to provide, as the district's
1-13     principal function, water, sanitary sewer, drainage, and flood
1-14     control or protection facilities or services, or any of these
1-15     facilities or services that have been financed or are proposed to
1-16     be financed with bonds of the district payable in whole or part
1-17     from taxes of the district, or by imposition of a standby fee, if
1-18     any, to household or commercial users, other than agricultural,
1-19     irrigation, or industrial users, and which district includes less
1-20     than all the territory in at least one county and which, if located
1-21     within the corporate area of a city, includes less than 75 percent
1-22     of the incorporated area of the city or which is located outside
1-23     the corporate area of a city in whole or in substantial part, must
1-24     first give to the purchaser the written notice provided in this
 2-1     section.
 2-2                 (2)  The provisions of this section shall not be
 2-3     applicable to:
 2-4                       (A)  transfers of title under any type of lien
 2-5     foreclosure;
 2-6                       (B)  transfers of title by deed in cancellation
 2-7     of indebtedness secured by a lien upon the property conveyed; [or]
 2-8                       (C)  transfers of title by reason of a will or
 2-9     probate proceedings; or
2-10                       (D)  transfers of title to a governmental entity.
2-11           (b)  The prescribed notice for [all] districts located in
2-12     whole or in part in the extraterritorial jurisdiction of one or
2-13     more home-rule municipalities and not located within the corporate
2-14     boundaries of a municipality shall be executed by the seller and
2-15     shall read as follows:
2-16           "The real property, described below, that you are about to
2-17     purchase is located in the ___________________ District.  The
2-18     district has taxing authority separate from any other taxing
2-19     authority and may, subject to voter approval, issue an unlimited
2-20     amount of bonds and levy an unlimited rate of tax in payment of
2-21     such bonds.  As of this date, the rate of taxes levied by the
2-22     district on real property located in the district is $__________ on
2-23     each $100 of assessed valuation.  If the district has not yet
2-24     levied taxes, the most recent projected rate of [debt service] tax,
2-25     as of this date, is $__________ on each $100 of assessed valuation.
2-26     The total amount of bonds, excluding refunding bonds and any bonds
2-27     or any portion of bonds issued that are payable solely from
 3-1     revenues received or expected to be received under a contract with
 3-2     a governmental entity, approved by the voters and which have been
 3-3     or may, at this date, be issued is $__________, and the aggregate
 3-4     initial principal amounts of all bonds issued for one or more of
 3-5     the specified facilities of the district and payable in whole or in
 3-6     part from property taxes is $__________.
 3-7           "The district has the authority to adopt and impose a standby
 3-8     fee on property in the district that has water, sanitary sewer, or
 3-9     drainage facilities and services available but not connected and
3-10     which does not have a house, building, or other improvement located
3-11     thereon and does not substantially utilize the utility capacity
3-12     available to the property.   The district may exercise the
3-13     authority without holding an election on the matter.  As of this
3-14     date, the most recent amount of the standby fee is $__________.  An
3-15     unpaid standby fee is a personal obligation of the person that
3-16     owned the property at the time of imposition and is secured by a
3-17     lien on the property.  Any person may request a certificate from
3-18     the district stating the amount, if any, of unpaid standby fees on
3-19     a tract of property in the district.
3-20           "The district is located in whole or in part in the
3-21     extraterritorial jurisdiction of the City of _______________.  By
3-22     law, a district located in the extraterritorial jurisdiction of a
3-23     municipality may be annexed without the consent of the district or
3-24     the voters of the district.  When a district is annexed, the
3-25     district is dissolved.
3-26           "The purpose of this district is to provide water, sewer,
3-27     drainage, or flood control facilities and services within the
 4-1     district through the issuance of bonds payable in whole or in part
 4-2     from property taxes.  The cost of these utility facilities is not
 4-3     included in the purchase price of your property, and these utility
 4-4     facilities are owned or to be owned by the district.  The legal
 4-5     description of the property you are acquiring is as follows:
 4-6     -------------------------------------------------------------------
 4-7                                           ______________________ (Date)
 4-8                                           _____________________________
 4-9                                                     Signature of Seller
4-10           PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM
4-11     IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME.  THE DISTRICT
4-12     ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER
4-13     THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE
4-14     TAX RATES ARE APPROVED BY THE DISTRICT.  PURCHASER IS ADVISED TO
4-15     CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR
4-16     PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM.
4-17           "The undersigned purchaser hereby acknowledges receipt of the
4-18     foregoing notice at or prior to execution of a binding contract for
4-19     the purchase of the real property described in such notice or at
4-20     closing of purchase of the real property.
4-21     -------------------------------------------------------------------
4-22                                           ______________________ (Date)
4-23                                           _____________________________
4-24                                                  Signature of Purchaser
4-25           "(Note:  Correct district name, tax rate, bond amounts, and
4-26     legal description are to be placed in the appropriate space.)
4-27     Except for notices included as an addendum or paragraph of a
 5-1     purchase contract, the notice shall be executed by the seller and
 5-2     purchaser, as indicated.  If the district does not propose to
 5-3     provide one or more of the specified facilities and services, the
 5-4     appropriate purpose may be eliminated.  If the district has not yet
 5-5     levied taxes, a statement of the district's most recent projected
 5-6     rate of [debt service] tax is to be placed in the appropriate
 5-7     space.  If the district does not have approval from the commission
 5-8     to adopt and impose a standby fee, the second paragraph of the
 5-9     notice may be deleted.  For the purposes of the notice form
5-10     required to be given to the prospective purchaser prior to
5-11     execution of a binding contract of sale and purchase, a seller and
5-12     any agent, representative, or person acting on the seller's behalf
5-13     may modify the notice by substitution of the words 'January 1,
5-14     ______' for the words 'this date' and place the correct calendar
5-15     year in the appropriate space."
5-16           (c)  The prescribed notice for districts located in whole or
5-17     in part within the corporate boundaries of a municipality shall be
5-18     executed by the seller and shall read as follows:
5-19           "The real property, described below, that you are about to
5-20     purchase is located in the ___________________ District.  The
5-21     district has taxing authority separate from any other taxing
5-22     authority and may, subject to voter approval, issue an unlimited
5-23     amount of bonds and levy an unlimited rate of tax in payment of
5-24     such bonds.  As of this date, the rate of taxes levied by the
5-25     district on real property located in the district is $__________ on
5-26     each $100 of assessed valuation.  If the district has not yet
5-27     levied taxes, the most recent projected rate of tax, as of this
 6-1     date, is $__________ on each $100 of assessed valuation.  The total
 6-2     amount of bonds, excluding refunding bonds and any bonds or any
 6-3     portion of bonds issued that are payable solely from revenues
 6-4     received or expected to be received under a contract with a
 6-5     governmental entity, approved by the voters and which have been or
 6-6     may, at this date, be issued is $__________, and the aggregate
 6-7     initial principal amounts of all bonds issued for one or more of
 6-8     the specified facilities of the district and payable in whole or in
 6-9     part from property taxes is $__________.
6-10           "The district has the authority to adopt and impose a standby
6-11     fee on property in the district that has water, sanitary sewer, or
6-12     drainage facilities and services available but not connected and
6-13     which does not have a house, building, or other improvement located
6-14     thereon and does not substantially utilize the utility capacity
6-15     available to the property.  The district may exercise the authority
6-16     without holding an election on the matter.  As of this date, the
6-17     most recent amount of the standby fee is $__________.  An unpaid
6-18     standby fee is a personal obligation of the person that owned the
6-19     property at the time of imposition and is secured by a lien on the
6-20     property.  Any person may request a certificate from the district
6-21     stating the amount, if any, of unpaid standby fees on a tract of
6-22     property in the district.
6-23           "The district is located in whole or in part within the
6-24     corporate boundaries of the City of ___________.  The taxpayers of
6-25     the district are subject to the taxes imposed by the municipality
6-26     and by the district until the district is dissolved.  By law, a
6-27     district located within the corporate boundaries of a municipality
 7-1     may be dissolved by municipal ordinance without the consent of the
 7-2     district or the voters of the district.
 7-3           "The purpose of this district is to provide water, sewer,
 7-4     drainage, or flood control facilities and services within the
 7-5     district through the issuance of bonds payable in whole or in part
 7-6     from property taxes.  The cost of these utility facilities is not
 7-7     included in the purchase price of your property, and these utility
 7-8     facilities are owned or to be owned by the district.  The legal
 7-9     description of the property you are acquiring is as follows:
7-10     -------------------------------------------------------------------
7-11                                            ______________________(Date)
7-12                                            ____________________________
7-13                                                     Signature of Seller
7-14           PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM
7-15     IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME.  THE DISTRICT
7-16     ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER
7-17     THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE
7-18     TAX RATES ARE APPROVED BY THE DISTRICT.  PURCHASER IS ADVISED TO
7-19     CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR
7-20     PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM.
7-21           "The undersigned purchaser hereby acknowledges receipt of the
7-22     foregoing notice at or prior to execution of a binding contract for
7-23     the purchase of the real property described in such notice or at
7-24     closing of purchase of the real property.
7-25     -------------------------------------------------------------------
7-26                                            ______________________(Date)
7-27                                            ____________________________
 8-1                                                  Signature of Purchaser
 8-2           "(Note:  Correct district name, tax rate, bond amounts, and
 8-3     legal description are to be placed in the appropriate space.)
 8-4     Except for notices included as an addendum or paragraph of a
 8-5     purchase contract, the notice shall be executed by the seller and
 8-6     purchaser, as indicated.  If the district does not propose to
 8-7     provide one or more of the specified facilities and services, the
 8-8     appropriate purpose may be eliminated.  If the district has not yet
 8-9     levied taxes, a statement of the district's most recent projected
8-10     rate of tax is to be placed in the appropriate space.  If the
8-11     district does not have approval from the commission to adopt and
8-12     impose a standby fee, the second paragraph of the notice may be
8-13     deleted.  For the purposes of the notice form required to be given
8-14     to the prospective purchaser prior to execution of a binding
8-15     contract of sale and purchase, a seller and any agent,
8-16     representative, or person acting on the seller's behalf may modify
8-17     the notice by substitution of the words 'January 1,______' for the
8-18     words 'this date' and place the correct calendar year in the
8-19     appropriate space."
8-20           (d)  The prescribed notice for districts that are not located
8-21     in whole or in part within the corporate boundaries of a
8-22     municipality or the extraterritorial jurisdiction of one or more
8-23     home-rule municipalities shall be executed by the seller and shall
8-24     read as follows:
8-25           "The real property, described below, that you are about to
8-26     purchase is located in the ___________________ District.  The
8-27     district has taxing authority separate from any other taxing
 9-1     authority and may, subject to voter approval, issue an unlimited
 9-2     amount of bonds and levy an unlimited rate of tax in payment of
 9-3     such bonds.  As of this date, the rate of taxes levied by the
 9-4     district on real property located in the district is $__________ on
 9-5     each $100 of assessed valuation.  If the district has not yet
 9-6     levied taxes, the most recent projected rate of tax, as of this
 9-7     date, is $__________ on each $100 of assessed valuation.  The total
 9-8     amount of bonds, excluding refunding bonds and any bonds or any
 9-9     portion of bonds issued that are payable solely from revenues
9-10     received or expected to be received under a contract with a
9-11     governmental entity, approved by the voters and which have been or
9-12     may, at this date, be issued is $__________, and the aggregate
9-13     initial principal amounts of all bonds issued for one or more of
9-14     the specified facilities of the district and payable in whole or in
9-15     part from property taxes is $__________.
9-16           "The district has the authority to adopt and impose a standby
9-17     fee on property in the district that has water, sanitary sewer, or
9-18     drainage facilities and services available but not connected and
9-19     which does not have a house, building, or other improvement located
9-20     thereon and does not substantially utilize the utility capacity
9-21     available to the property.  The district may exercise the authority
9-22     without holding an election on the matter.  As of this date, the
9-23     most recent amount of the standby fee is $__________.  An unpaid
9-24     standby fee is a personal obligation of the person that owned the
9-25     property at the time of imposition and is secured by a lien on the
9-26     property.  Any person may request a certificate from the district
9-27     stating the amount, if any, of unpaid standby fees on a tract of
 10-1    property in the district.
 10-2          "The purpose of this district is to provide water, sewer,
 10-3    drainage, or flood control facilities and services within the
 10-4    district through the issuance of bonds payable in whole or in part
 10-5    from property taxes.  The cost of these utility facilities is not
 10-6    included in the purchase price of your property, and these utility
 10-7    facilities are owned or to be owned by the district.  The legal
 10-8    description of the property you are acquiring is as follows:
 10-9    -------------------------------------------------------------------
10-10                                            _____________________(Date)
10-11                                            ___________________________
10-12                                                    Signature of Seller
10-13          PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM
10-14    IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME.  THE DISTRICT
10-15    ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER
10-16    THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE
10-17    TAX RATES ARE APPROVED BY THE DISTRICT.  PURCHASER IS ADVISED TO
10-18    CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR
10-19    PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM.
10-20          "The undersigned purchaser hereby acknowledges receipt of the
10-21    foregoing notice at or prior to execution of a binding contract for
10-22    the purchase of the real property described in such notice or at
10-23    closing of purchase of the real property.
10-24    -----------------------------------------------------------------
10-25                                         ________________________(Date)
10-26                                         ______________________________
10-27                                                 Signature of Purchaser
 11-1          "(Note:  Correct district name, tax rate, bond amounts, and
 11-2    legal description are to be placed in the appropriate space.)
 11-3    Except for notices included as an addendum or paragraph of a
 11-4    purchase contract, the notice shall be executed by the seller and
 11-5    purchaser, as indicated.  If the district does not propose to
 11-6    provide one or more of the specified facilities and services, the
 11-7    appropriate purpose may be eliminated.  If the district has not yet
 11-8    levied taxes, a statement of the district's most recent projected
 11-9    rate of tax is to be placed in the appropriate space.  If the
11-10    district does not have approval from the commission to adopt and
11-11    impose a standby fee, the second paragraph of the notice may be
11-12    deleted.  For the purposes of the notice form required to be given
11-13    to the prospective purchaser prior to execution of a binding
11-14    contract of sale and purchase, a seller and any agent,
11-15    representative, or person acting on the seller's behalf may modify
11-16    the notice by substitution of the words 'January 1, ______' for the
11-17    words 'this date' and place the correct calendar year in the
11-18    appropriate space."
11-19          (e)  If the law relating to annexation or district
11-20    dissolution is amended and causes inaccuracies in the content of
11-21    the notices prescribed by this section, the district shall revise
11-22    the content of the notices to accurately reflect current law.
11-23          (f) [(c)]  The notice required by this section shall be given
11-24    to the prospective purchaser prior to execution of a binding
11-25    contract of sale and purchase either separately or as an addendum
11-26    or paragraph of a purchase contract.  In the event a contract of
11-27    purchase and sale is entered into without the seller providing the
 12-1    notice required by this subsection, the purchaser shall be entitled
 12-2    to terminate the contract.  If, however, the seller furnishes the
 12-3    required notice at or prior to closing the purchase and sale
 12-4    contract and the purchaser elects to close even though such notice
 12-5    was not timely furnished prior to execution of the contract, it
 12-6    shall be conclusively presumed that the purchaser has waived all
 12-7    rights to terminate the contract and recover damages or other
 12-8    remedies or rights under the provisions of this section.
 12-9    Notwithstanding any provision of this subchapter to the contrary,
12-10    all sellers, title companies, real estate brokers, and examining
12-11    attorneys, and any agent, representative, or person acting on their
12-12    behalf, shall not be liable for damages under the provisions of
12-13    either Subsection (o) [(l)] or (p) [(m)] or liable for any other
12-14    damages to any person for:
12-15                (1)  failing [failure] to provide the notice required
12-16    by this section to a purchaser prior to execution of a binding
12-17    contract of a purchase and sale or at or prior to the closing of
12-18    the purchase and sale contract when the district has not filed the
12-19    information form and map or plat as required under Section 49.455;
12-20    or
12-21                (2)  unintentionally providing a notice prescribed by
12-22    this section that is not the correct notice under the circumstances
12-23    prior to execution of a binding contract of purchase and sale or at
12-24    or prior to the closing of the purchase and sale contract.
12-25          (g) [(d)]  The purchaser shall sign the notice or purchase
12-26    contract including such notice to evidence the receipt of notice.
12-27          (h) [(e)]  At the closing of purchase and sale, a separate
 13-1    copy of such notice with current information shall be executed by
 13-2    the seller and purchaser, acknowledged, and thereafter recorded in
 13-3    the deed records of the county in which the property is located.
 13-4    For the purposes of this section, all sellers, title companies,
 13-5    real estate brokers, and examining attorneys, and any agent,
 13-6    representative, or person acting on their behalf, shall be entitled
 13-7    to rely on the accuracy of the information form and map or plat as
 13-8    last filed by each district under Section 49.455 or the information
 13-9    contained in or shown on the notice form issued by the district
13-10    under Section 49.453 in completing the notice form to be executed
13-11    by the seller and purchaser at the closing of purchase and sale.
13-12    Any information taken from the information form or map or plat as
13-13    last filed by each district and the information contained in or
13-14    shown on the notice form issued by the district under Section
13-15    49.453 shall be, for purposes of this section, conclusively
13-16    presumed as a matter of law to be correct.  All subsequent sellers,
13-17    purchasers, title insurance companies, real estate brokers,
13-18    examining attorneys, and lienholders shall be entitled to rely upon
13-19    the information form and map or plat filed by the district or the
13-20    notice form issued by the district under Section 49.453.
13-21          (i) [(f)]  For the purposes of this section, an executory
13-22    contract of purchase and sale having a performance period of more
13-23    than six months shall be considered a sale under Subsection (a).
13-24          (j) [(g)]  For the purposes of the notice form to be given to
13-25    the prospective purchaser prior to execution of a binding contract
13-26    of sale and purchase, a seller and any agent, representative, or
13-27    person acting in the seller's behalf may modify the notice by
 14-1    substitution of the words "January 1, ____" for the words "this
 14-2    date" and place the correct calendar year in the appropriate space.
 14-3    All sellers, and all persons completing the prescribed notice in
 14-4    the sellers' behalf, shall be entitled to rely on the information
 14-5    contained in or shown on the information form and map or plat filed
 14-6    of record by the district under Section 49.455 in completing the
 14-7    prescribed form to be given to the prospective purchaser prior to
 14-8    execution of a binding contract of sale and purchase.  Except as
 14-9    otherwise provided in Subsection (h) [(e)], any information taken
14-10    from the information form or map or plat filed of record by the
14-11    district in effect as of January 1 of each year shall be, for
14-12    purposes of the notice to be given to the prospective purchaser
14-13    prior to execution of a binding contract of sale and purchase,
14-14    conclusively presumed as a matter of law to be correct for the
14-15    period January 1 through December 31 of such calendar year.  A
14-16    seller and any persons completing the prescribed notice in the
14-17    seller's behalf may provide more recent information, if available,
14-18    than the information contained in or shown on the information form
14-19    and map or plat filed of record by the district under Section
14-20    49.455 in effect as of January 1 of each year in completing the
14-21    prescribed form to be given to the purchaser prior to execution of
14-22    a binding contract of sale and purchase.  Nothing contained in the
14-23    preceding sentence shall be construed to create an affirmative duty
14-24    on the part of a seller or any persons completing the prescribed
14-25    notice in the seller's behalf to provide more recent information
14-26    than the information taken from the information form and map or
14-27    plat filed of record by the district as of January 1 of each year
 15-1    in completing the prescribed notice to be given to the purchaser
 15-2    prior to execution of a binding contract of sale and purchase.  All
 15-3    subsequent sellers, purchasers, title insurance companies, real
 15-4    estate brokers, examining attorneys, and lienholders shall be
 15-5    entitled to rely upon the information form and map or plat filed by
 15-6    the district.
 15-7          (k) [(h)]  If such notice is given at closing as provided in
 15-8    Subsection (h) [(e)], a purchaser, or the purchaser's heirs,
 15-9    successors, or assigns, shall not be entitled to maintain any
15-10    action for damages or maintain any action against a seller, title
15-11    insurance company, real estate brokers, or lienholder, or any
15-12    agent, representative, or person acting in their behalf, by reason
15-13    of use by the seller of the information filed for record by the
15-14    district or reliance by the seller on the filed plat and filed
15-15    legal description of the district in determining whether the
15-16    property to be sold and purchased is within the district.  No
15-17    action may be maintained against any title company for failure to
15-18    disclose the inclusion of the described real property within a
15-19    district when the district has not filed for record the information
15-20    form, map, or plat with the clerk of the county or counties in
15-21    which the district is located.
15-22          (l) [(i)]  Any purchaser who purchases any real property in a
15-23    district and who thereafter sells or conveys the same shall on
15-24    closing of such subsequent sale be conclusively considered as
15-25    having waived any prior right to damages under this section.
15-26          (m) [(j)]  It is the express intent of this section that all
15-27    sellers, title insurance companies, examining attorneys, vendors of
 16-1    property and tax information, real estate brokers, and lienholders,
 16-2    and any agent, representative, or person acting on their behalf,
 16-3    shall be entitled to rely on the accuracy of the information form
 16-4    and map or plat as last filed by each district or the information
 16-5    contained in or shown on the notice form issued by the district
 16-6    under Section 49.453, or for the purposes of the notice to be given
 16-7    the purchaser prior to execution of a binding contract of sale and
 16-8    purchase the information contained in or shown on the information
 16-9    form and map or plat filed of record by the district in effect as
16-10    of January 1 of each year for the period January 1 through December
16-11    31 of such calendar year.
16-12          (n) [(k)]  Except as otherwise provided in Subsection (f)
16-13    [(c)], if any sale or conveyance of real property within a district
16-14    is not made in compliance with the provisions of this section, the
16-15    purchaser may institute a suit for damages under the provisions of
16-16    either Subsection (o) [(l)] or (p) [(m)].
16-17          (o) [(l)]  A purchaser of real property covered by the
16-18    provisions of this section, if the sale or conveyance of the
16-19    property is not made in compliance with this section, may institute
16-20    a suit for damages in the amount of all costs relative to the
16-21    purchase of the property plus interest and reasonable attorney's
16-22    fees.  The suit for damages may be instituted jointly or severally
16-23    against the person, firm, corporation, partnership, organization,
16-24    business trust, estate, trust, association, or other legal entity
16-25    that sold or conveyed the property to the purchaser.  Following the
16-26    recovery of damages under this subsection, the amount of the
16-27    damages shall first be paid to satisfy all unpaid obligations on
 17-1    each outstanding lien or liens on the property and the remainder of
 17-2    the damage amount shall be paid to the purchaser.  On payment of
 17-3    all damages respectively to the lienholders and purchaser, the
 17-4    purchaser shall reconvey the property to the seller.
 17-5          (p) [(m)]  A purchaser of real property covered by the
 17-6    provisions of this section, if the sale or conveyance of the
 17-7    property is not made in compliance with this section, may institute
 17-8    a suit for damages in an amount not to exceed $5,000, plus
 17-9    reasonable attorney's fees.
17-10          (q) [(n)]  A purchaser is not entitled to recover damages
17-11    under both Subsections (o) [(l)] and (p) [(m)], and entry of a
17-12    final decision awarding damages to the purchaser under either
17-13    Subsection (o) [(l)] or (p) [(m)] shall preclude the purchaser from
17-14    recovering damages under the other subsection.  Notwithstanding any
17-15    part or provision of the general or special laws or the common law
17-16    of the state to the contrary, the relief provided under Subsections
17-17    (o) [(l)] and (p) [(m)] shall be the exclusive remedies for a
17-18    purchaser aggrieved by the seller's failure to comply with the
17-19    provisions of this section.  Any action for damages shall not,
17-20    however, apply to, affect, alter, or impair the validity of any
17-21    existing vendor's lien, mechanic's lien, or deed of trust lien on
17-22    the property.
17-23          (r) [(o)]  A suit for damages under the provisions of this
17-24    section must be brought within 90 days after the purchaser receives
17-25    the first district tax notice or within four years after the
17-26    property is sold or conveyed to the purchaser, whichever time
17-27    occurs first, or the purchaser loses the right to seek damages
 18-1    under this section.
 18-2          (s) [(p)]  Notwithstanding any provisions of this subchapter
 18-3    to the contrary, a purchaser may not recover damages of any kind
 18-4    under this section if that person:
 18-5                (1)  purchases an equity in real property and in
 18-6    conjunction with the purchase assumes any liens, whether purchase
 18-7    money or otherwise; and
 18-8                (2)  does not require proof of title by abstract, title
 18-9    policy, or any other proof of title.
18-10          SECTION 2.  (a)  This Act takes effect September 1, 1999.
18-11          (b)  The change in law made by this Act applies only to a
18-12    transfer of property that occurs on or after the effective date of
18-13    this Act.  For purposes of this section, a transfer of property
18-14    occurs before the effective date of this Act if the contract of
18-15    sale and purchase binding the purchaser to purchase the property is
18-16    executed before that date.
18-17          (c)  Property transferred before the effective date of this
18-18    Act is covered by the law in effect when the property was
18-19    transferred, and the former law is continued in effect for that
18-20    purpose.
18-21          SECTION 3.  The importance of this legislation and the
18-22    crowded condition of the calendars in both houses create an
18-23    emergency and an imperative public necessity that the
18-24    constitutional rule requiring bills to be read on three several
18-25    days in each house be suspended, and this rule is hereby suspended.