1-1     By:  Howard (Senate Sponsor - Lindsay)                 H.B. No. 641
 1-2           (In the Senate - Received from the House May 7, 1999;
 1-3     May 10, 1999, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 14, 1999, reported favorably by
 1-5     the following vote:  Yeas 4, Nays 0; May 14, 1999, sent to
 1-6     printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to requiring a municipal utility district to disclose to
1-10     the purchaser of residential real property whether the property is
1-11     located in a municipality's corporate boundaries or
1-12     extraterritorial jurisdiction.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Section 49.452, Water Code, is amended to read as
1-15     follows:
1-16           Sec. 49.452.  NOTICE TO PURCHASERS.  (a)(1)  Any person who
1-17     proposes to sell or convey real property located in a district
1-18     created under this title or by a special Act of the legislature
1-19     that is providing or proposing to provide, as the district's
1-20     principal function, water, sanitary sewer, drainage, and flood
1-21     control or protection facilities or services, or any of these
1-22     facilities or services that have been financed or are proposed to
1-23     be financed with bonds of the district payable in whole or part
1-24     from taxes of the district, or by imposition of a standby fee, if
1-25     any, to household or commercial users, other than agricultural,
1-26     irrigation, or industrial users, and which district includes less
1-27     than all the territory in at least one county and which, if located
1-28     within the corporate area of a city, includes less than 75 percent
1-29     of the incorporated area of the city or which is located outside
1-30     the corporate area of a city in whole or in substantial part, must
1-31     first give to the purchaser the written notice provided in this
1-32     section.
1-33                 (2)  The provisions of this section shall not be
1-34     applicable to:
1-35                       (A)  transfers of title under any type of lien
1-36     foreclosure;
1-37                       (B)  transfers of title by deed in cancellation
1-38     of indebtedness secured by a lien upon the property conveyed; [or]
1-39                       (C)  transfers of title by reason of a will or
1-40     probate proceedings; or
1-41                       (D)  transfers of title to a governmental entity.
1-42           (b)  The prescribed notice for [all] districts located in
1-43     whole or in part in the extraterritorial jurisdiction of one or
1-44     more home-rule municipalities and not located within the corporate
1-45     boundaries of a municipality shall be executed by the seller and
1-46     shall read as follows:
1-47           "The real property, described below, that you are about to
1-48     purchase is located in the ___________________ District.  The
1-49     district has taxing authority separate from any other taxing
1-50     authority and may, subject to voter approval, issue an unlimited
1-51     amount of bonds and levy an unlimited rate of tax in payment of
1-52     such bonds.  As of this date, the rate of taxes levied by the
1-53     district on real property located in the district is $__________ on
1-54     each $100 of assessed valuation.  If the district has not yet
1-55     levied taxes, the most recent projected rate of [debt service] tax,
1-56     as of this date, is $__________ on each $100 of assessed valuation.
1-57     The total amount of bonds, excluding refunding bonds and any bonds
1-58     or any portion of bonds issued that are payable solely from
1-59     revenues received or expected to be received under a contract with
1-60     a governmental entity, approved by the voters and which have been
1-61     or may, at this date, be issued is $__________, and the aggregate
1-62     initial principal amounts of all bonds issued for one or more of
1-63     the specified facilities of the district and payable in whole or in
1-64     part from property taxes is $__________.
 2-1           "The district has the authority to adopt and impose a standby
 2-2     fee on property in the district that has water, sanitary sewer, or
 2-3     drainage facilities and services available but not connected and
 2-4     which does not have a house, building, or other improvement located
 2-5     thereon and does not substantially utilize the utility capacity
 2-6     available to the property.   The district may exercise the
 2-7     authority without holding an election on the matter.  As of this
 2-8     date, the most recent amount of the standby fee is $__________.  An
 2-9     unpaid standby fee is a personal obligation of the person that
2-10     owned the property at the time of imposition and is secured by a
2-11     lien on the property.  Any person may request a certificate from
2-12     the district stating the amount, if any, of unpaid standby fees on
2-13     a tract of property in the district.
2-14           "The district is located in whole or in part in the
2-15     extraterritorial jurisdiction of the City of _______________.  By
2-16     law, a district located in the extraterritorial jurisdiction of a
2-17     municipality may be annexed without the consent of the district or
2-18     the voters of the district.  When a district is annexed, the
2-19     district is dissolved.
2-20           "The purpose of this district is to provide water, sewer,
2-21     drainage, or flood control facilities and services within the
2-22     district through the issuance of bonds payable in whole or in part
2-23     from property taxes.  The cost of these utility facilities is not
2-24     included in the purchase price of your property, and these utility
2-25     facilities are owned or to be owned by the district.  The legal
2-26     description of the property you are acquiring is as follows:
2-27     -------------------------------------------------------------------
2-28                                           ______________________ (Date)
2-29                                           _____________________________
2-30                                                     Signature of Seller
2-31           PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM
2-32     IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME.  THE DISTRICT
2-33     ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER
2-34     THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE
2-35     TAX RATES ARE APPROVED BY THE DISTRICT.  PURCHASER IS ADVISED TO
2-36     CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR
2-37     PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM.
2-38           "The undersigned purchaser hereby acknowledges receipt of the
2-39     foregoing notice at or prior to execution of a binding contract for
2-40     the purchase of the real property described in such notice or at
2-41     closing of purchase of the real property.
2-42     -------------------------------------------------------------------
2-43                                           ______________________ (Date)
2-44                                           _____________________________
2-45                                                  Signature of Purchaser
2-46           "(Note:  Correct district name, tax rate, bond amounts, and
2-47     legal description are to be placed in the appropriate space.)
2-48     Except for notices included as an addendum or paragraph of a
2-49     purchase contract, the notice shall be executed by the seller and
2-50     purchaser, as indicated.  If the district does not propose to
2-51     provide one or more of the specified facilities and services, the
2-52     appropriate purpose may be eliminated.  If the district has not yet
2-53     levied taxes, a statement of the district's most recent projected
2-54     rate of [debt service] tax is to be placed in the appropriate
2-55     space.  If the district does not have approval from the commission
2-56     to adopt and impose a standby fee, the second paragraph of the
2-57     notice may be deleted.  For the purposes of the notice form
2-58     required to be given to the prospective purchaser prior to
2-59     execution of a binding contract of sale and purchase, a seller and
2-60     any agent, representative, or person acting on the seller's behalf
2-61     may modify the notice by substitution of the words 'January 1,
2-62     ______' for the words 'this date' and place the correct calendar
2-63     year in the appropriate space."
2-64           (c)  The prescribed notice for districts located in whole or
2-65     in part within the corporate boundaries of a municipality shall be
2-66     executed by the seller and shall read as follows:
2-67           "The real property, described below, that you are about to
2-68     purchase is located in the ___________________ District.  The
2-69     district has taxing authority separate from any other taxing
 3-1     authority and may, subject to voter approval, issue an unlimited
 3-2     amount of bonds and levy an unlimited rate of tax in payment of
 3-3     such bonds.  As of this date, the rate of taxes levied by the
 3-4     district on real property located in the district is $__________ on
 3-5     each $100 of assessed valuation.  If the district has not yet
 3-6     levied taxes, the most recent projected rate of tax, as of this
 3-7     date, is $__________ on each $100 of assessed valuation.  The total
 3-8     amount of bonds, excluding refunding bonds and any bonds or any
 3-9     portion of bonds issued that are payable solely from revenues
3-10     received or expected to be received under a contract with a
3-11     governmental entity, approved by the voters and which have been or
3-12     may, at this date, be issued is $__________, and the aggregate
3-13     initial principal amounts of all bonds issued for one or more of
3-14     the specified facilities of the district and payable in whole or in
3-15     part from property taxes is $__________.
3-16           "The district has the authority to adopt and impose a standby
3-17     fee on property in the district that has water, sanitary sewer, or
3-18     drainage facilities and services available but not connected and
3-19     which does not have a house, building, or other improvement located
3-20     thereon and does not substantially utilize the utility capacity
3-21     available to the property.  The district may exercise the authority
3-22     without holding an election on the matter.  As of this date, the
3-23     most recent amount of the standby fee is $__________.  An unpaid
3-24     standby fee is a personal obligation of the person that owned the
3-25     property at the time of imposition and is secured by a lien on the
3-26     property.  Any person may request a certificate from the district
3-27     stating the amount, if any, of unpaid standby fees on a tract of
3-28     property in the district.
3-29           "The district is located in whole or in part within the
3-30     corporate boundaries of the City of ___________.  The taxpayers of
3-31     the district are subject to the taxes imposed by the municipality
3-32     and by the district until the district is dissolved.  By law, a
3-33     district located within the corporate boundaries of a municipality
3-34     may be dissolved by municipal ordinance without the consent of the
3-35     district or the voters of the district.
3-36           "The purpose of this district is to provide water, sewer,
3-37     drainage, or flood control facilities and services within the
3-38     district through the issuance of bonds payable in whole or in part
3-39     from property taxes.  The cost of these utility facilities is not
3-40     included in the purchase price of your property, and these utility
3-41     facilities are owned or to be owned by the district.  The legal
3-42     description of the property you are acquiring is as follows:
3-43     -------------------------------------------------------------------
3-44                                            ______________________(Date)
3-45                                            ____________________________
3-46                                                     Signature of Seller
3-47           PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM
3-48     IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME.  THE DISTRICT
3-49     ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER
3-50     THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE
3-51     TAX RATES ARE APPROVED BY THE DISTRICT.  PURCHASER IS ADVISED TO
3-52     CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR
3-53     PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM.
3-54           "The undersigned purchaser hereby acknowledges receipt of the
3-55     foregoing notice at or prior to execution of a binding contract for
3-56     the purchase of the real property described in such notice or at
3-57     closing of purchase of the real property.
3-58     -------------------------------------------------------------------
3-59                                            ______________________(Date)
3-60                                            ____________________________
3-61                                                  Signature of Purchaser
3-62           "(Note:  Correct district name, tax rate, bond amounts, and
3-63     legal description are to be placed in the appropriate space.)
3-64     Except for notices included as an addendum or paragraph of a
3-65     purchase contract, the notice shall be executed by the seller and
3-66     purchaser, as indicated.  If the district does not propose to
3-67     provide one or more of the specified facilities and services, the
3-68     appropriate purpose may be eliminated.  If the district has not yet
3-69     levied taxes, a statement of the district's most recent projected
 4-1     rate of tax is to be placed in the appropriate space.  If the
 4-2     district does not have approval from the commission to adopt and
 4-3     impose a standby fee, the second paragraph of the notice may be
 4-4     deleted.  For the purposes of the notice form required to be given
 4-5     to the prospective purchaser prior to execution of a binding
 4-6     contract of sale and purchase, a seller and any agent,
 4-7     representative, or person acting on the seller's behalf may modify
 4-8     the notice by substitution of the words 'January 1,______' for the
 4-9     words 'this date' and place the correct calendar year in the
4-10     appropriate space."
4-11           (d)  The prescribed notice for districts that are not located
4-12     in whole or in part within the corporate boundaries of a
4-13     municipality or the extraterritorial jurisdiction of one or more
4-14     home-rule municipalities shall be executed by the seller and shall
4-15     read as follows:
4-16           "The real property, described below, that you are about to
4-17     purchase is located in the ___________________ District.  The
4-18     district has taxing authority separate from any other taxing
4-19     authority and may, subject to voter approval, issue an unlimited
4-20     amount of bonds and levy an unlimited rate of tax in payment of
4-21     such bonds.  As of this date, the rate of taxes levied by the
4-22     district on real property located in the district is $__________ on
4-23     each $100 of assessed valuation.  If the district has not yet
4-24     levied taxes, the most recent projected rate of tax, as of this
4-25     date, is $__________ on each $100 of assessed valuation.  The total
4-26     amount of bonds, excluding refunding bonds and any bonds or any
4-27     portion of bonds issued that are payable solely from revenues
4-28     received or expected to be received under a contract with a
4-29     governmental entity, approved by the voters and which have been or
4-30     may, at this date, be issued is $__________, and the aggregate
4-31     initial principal amounts of all bonds issued for one or more of
4-32     the specified facilities of the district and payable in whole or in
4-33     part from property taxes is $__________.
4-34           "The district has the authority to adopt and impose a standby
4-35     fee on property in the district that has water, sanitary sewer, or
4-36     drainage facilities and services available but not connected and
4-37     which does not have a house, building, or other improvement located
4-38     thereon and does not substantially utilize the utility capacity
4-39     available to the property.  The district may exercise the authority
4-40     without holding an election on the matter.  As of this date, the
4-41     most recent amount of the standby fee is $__________.  An unpaid
4-42     standby fee is a personal obligation of the person that owned the
4-43     property at the time of imposition and is secured by a lien on the
4-44     property.  Any person may request a certificate from the district
4-45     stating the amount, if any, of unpaid standby fees on a tract of
4-46     property in the district.
4-47           "The purpose of this district is to provide water, sewer,
4-48     drainage, or flood control facilities and services within the
4-49     district through the issuance of bonds payable in whole or in part
4-50     from property taxes.  The cost of these utility facilities is not
4-51     included in the purchase price of your property, and these utility
4-52     facilities are owned or to be owned by the district.  The legal
4-53     description of the property you are acquiring is as follows:
4-54     -------------------------------------------------------------------
4-55                                             _____________________(Date)
4-56                                             ___________________________
4-57                                                     Signature of Seller
4-58           PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM
4-59     IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME.  THE DISTRICT
4-60     ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER
4-61     THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE
4-62     TAX RATES ARE APPROVED BY THE DISTRICT.  PURCHASER IS ADVISED TO
4-63     CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR
4-64     PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM.
4-65           "The undersigned purchaser hereby acknowledges receipt of the
4-66     foregoing notice at or prior to execution of a binding contract for
4-67     the purchase of the real property described in such notice or at
4-68     closing of purchase of the real property.
4-69     -----------------------------------------------------------------
 5-1                                          ________________________(Date)
 5-2                                          ______________________________
 5-3                                                  Signature of Purchaser
 5-4           "(Note:  Correct district name, tax rate, bond amounts, and
 5-5     legal description are to be placed in the appropriate space.)
 5-6     Except for notices included as an addendum or paragraph of a
 5-7     purchase contract, the notice shall be executed by the seller and
 5-8     purchaser, as indicated.  If the district does not propose to
 5-9     provide one or more of the specified facilities and services, the
5-10     appropriate purpose may be eliminated.  If the district has not yet
5-11     levied taxes, a statement of the district's most recent projected
5-12     rate of tax is to be placed in the appropriate space.  If the
5-13     district does not have approval from the commission to adopt and
5-14     impose a standby fee, the second paragraph of the notice may be
5-15     deleted.  For the purposes of the notice form required to be given
5-16     to the prospective purchaser prior to execution of a binding
5-17     contract of sale and purchase, a seller and any agent,
5-18     representative, or person acting on the seller's behalf may modify
5-19     the notice by substitution of the words 'January 1, ______' for the
5-20     words 'this date' and place the correct calendar year in the
5-21     appropriate space."
5-22           (e)  If the law relating to annexation or district
5-23     dissolution is amended and causes inaccuracies in the content of
5-24     the notices prescribed by this section, the district shall revise
5-25     the content of the notices to accurately reflect current law.
5-26           (f) [(c)]  The notice required by this section shall be given
5-27     to the prospective purchaser prior to execution of a binding
5-28     contract of sale and purchase either separately or as an addendum
5-29     or paragraph of a purchase contract.  In the event a contract of
5-30     purchase and sale is entered into without the seller providing the
5-31     notice required by this subsection, the purchaser shall be entitled
5-32     to terminate the contract.  If, however, the seller furnishes the
5-33     required notice at or prior to closing the purchase and sale
5-34     contract and the purchaser elects to close even though such notice
5-35     was not timely furnished prior to execution of the contract, it
5-36     shall be conclusively presumed that the purchaser has waived all
5-37     rights to terminate the contract and recover damages or other
5-38     remedies or rights under the provisions of this section.
5-39     Notwithstanding any provision of this subchapter to the contrary,
5-40     all sellers, title companies, real estate brokers, and examining
5-41     attorneys, and any agent, representative, or person acting on their
5-42     behalf, shall not be liable for damages under the provisions of
5-43     either Subsection (o) [(l)] or (p) [(m)] or liable for any other
5-44     damages to any person for:
5-45                 (1)  failing [failure] to provide the notice required
5-46     by this section to a purchaser prior to execution of a binding
5-47     contract of a purchase and sale or at or prior to the closing of
5-48     the purchase and sale contract when the district has not filed the
5-49     information form and map or plat as required under Section 49.455;
5-50     or
5-51                 (2)  unintentionally providing a notice prescribed by
5-52     this section that is not the correct notice under the circumstances
5-53     prior to execution of a binding contract of purchase and sale or at
5-54     or prior to the closing of the purchase and sale contract.
5-55           (g) [(d)]  The purchaser shall sign the notice or purchase
5-56     contract including such notice to evidence the receipt of notice.
5-57           (h) [(e)]  At the closing of purchase and sale, a separate
5-58     copy of such notice with current information shall be executed by
5-59     the seller and purchaser, acknowledged, and thereafter recorded in
5-60     the deed records of the county in which the property is located.
5-61     For the purposes of this section, all sellers, title companies,
5-62     real estate brokers, and examining attorneys, and any agent,
5-63     representative, or person acting on their behalf, shall be entitled
5-64     to rely on the accuracy of the information form and map or plat as
5-65     last filed by each district under Section 49.455 or the information
5-66     contained in or shown on the notice form issued by the district
5-67     under Section 49.453 in completing the notice form to be executed
5-68     by the seller and purchaser at the closing of purchase and sale.
5-69     Any information taken from the information form or map or plat as
 6-1     last filed by each district and the information contained in or
 6-2     shown on the notice form issued by the district under Section
 6-3     49.453 shall be, for purposes of this section, conclusively
 6-4     presumed as a matter of law to be correct.  All subsequent sellers,
 6-5     purchasers, title insurance companies, real estate brokers,
 6-6     examining attorneys, and lienholders shall be entitled to rely upon
 6-7     the information form and map or plat filed by the district or the
 6-8     notice form issued by the district under Section 49.453.
 6-9           (i) [(f)]  For the purposes of this section, an executory
6-10     contract of purchase and sale having a performance period of more
6-11     than six months shall be considered a sale under Subsection (a).
6-12           (j) [(g)]  For the purposes of the notice form to be given to
6-13     the prospective purchaser prior to execution of a binding contract
6-14     of sale and purchase, a seller and any agent, representative, or
6-15     person acting in the seller's behalf may modify the notice by
6-16     substitution of the words "January 1, ____" for the words "this
6-17     date" and place the correct calendar year in the appropriate space.
6-18     All sellers, and all persons completing the prescribed notice in
6-19     the sellers' behalf, shall be entitled to rely on the information
6-20     contained in or shown on the information form and map or plat filed
6-21     of record by the district under Section 49.455 in completing the
6-22     prescribed form to be given to the prospective purchaser prior to
6-23     execution of a binding contract of sale and purchase.  Except as
6-24     otherwise provided in Subsection (h) [(e)], any information taken
6-25     from the information form or map or plat filed of record by the
6-26     district in effect as of January 1 of each year shall be, for
6-27     purposes of the notice to be given to the prospective purchaser
6-28     prior to execution of a binding contract of sale and purchase,
6-29     conclusively presumed as a matter of law to be correct for the
6-30     period January 1 through December 31 of such calendar year.  A
6-31     seller and any persons completing the prescribed notice in the
6-32     seller's behalf may provide more recent information, if available,
6-33     than the information contained in or shown on the information form
6-34     and map or plat filed of record by the district under Section
6-35     49.455 in effect as of January 1 of each year in completing the
6-36     prescribed form to be given to the purchaser prior to execution of
6-37     a binding contract of sale and purchase.  Nothing contained in the
6-38     preceding sentence shall be construed to create an affirmative duty
6-39     on the part of a seller or any persons completing the prescribed
6-40     notice in the seller's behalf to provide more recent information
6-41     than the information taken from the information form and map or
6-42     plat filed of record by the district as of January 1 of each year
6-43     in completing the prescribed notice to be given to the purchaser
6-44     prior to execution of a binding contract of sale and purchase.  All
6-45     subsequent sellers, purchasers, title insurance companies, real
6-46     estate brokers, examining attorneys, and lienholders shall be
6-47     entitled to rely upon the information form and map or plat filed by
6-48     the district.
6-49           (k) [(h)]  If such notice is given at closing as provided in
6-50     Subsection (h) [(e)], a purchaser, or the purchaser's heirs,
6-51     successors, or assigns, shall not be entitled to maintain any
6-52     action for damages or maintain any action against a seller, title
6-53     insurance company, real estate brokers, or lienholder, or any
6-54     agent, representative, or person acting in their behalf, by reason
6-55     of use by the seller of the information filed for record by the
6-56     district or reliance by the seller on the filed plat and filed
6-57     legal description of the district in determining whether the
6-58     property to be sold and purchased is within the district.  No
6-59     action may be maintained against any title company for failure to
6-60     disclose the inclusion of the described real property within a
6-61     district when the district has not filed for record the information
6-62     form, map, or plat with the clerk of the county or counties in
6-63     which the district is located.
6-64           (l) [(i)]  Any purchaser who purchases any real property in a
6-65     district and who thereafter sells or conveys the same shall on
6-66     closing of such subsequent sale be conclusively considered as
6-67     having waived any prior right to damages under this section.
6-68           (m) [(j)]  It is the express intent of this section that all
6-69     sellers, title insurance companies, examining attorneys, vendors of
 7-1     property and tax information, real estate brokers, and lienholders,
 7-2     and any agent, representative, or person acting on their behalf,
 7-3     shall be entitled to rely on the accuracy of the information form
 7-4     and map or plat as last filed by each district or the information
 7-5     contained in or shown on the notice form issued by the district
 7-6     under Section 49.453, or for the purposes of the notice to be given
 7-7     the purchaser prior to execution of a binding contract of sale and
 7-8     purchase the information contained in or shown on the information
 7-9     form and map or plat filed of record by the district in effect as
7-10     of January 1 of each year for the period January 1 through December
7-11     31 of such calendar year.
7-12           (n) [(k)]  Except as otherwise provided in Subsection (f)
7-13     [(c)], if any sale or conveyance of real property within a district
7-14     is not made in compliance with the provisions of this section, the
7-15     purchaser may institute a suit for damages under the provisions of
7-16     either Subsection (o) [(l)] or (p) [(m)].
7-17           (o) [(l)]  A purchaser of real property covered by the
7-18     provisions of this section, if the sale or conveyance of the
7-19     property is not made in compliance with this section, may institute
7-20     a suit for damages in the amount of all costs relative to the
7-21     purchase of the property plus interest and reasonable attorney's
7-22     fees.  The suit for damages may be instituted jointly or severally
7-23     against the person, firm, corporation, partnership, organization,
7-24     business trust, estate, trust, association, or other legal entity
7-25     that sold or conveyed the property to the purchaser.  Following the
7-26     recovery of damages under this subsection, the amount of the
7-27     damages shall first be paid to satisfy all unpaid obligations on
7-28     each outstanding lien or liens on the property and the remainder of
7-29     the damage amount shall be paid to the purchaser.  On payment of
7-30     all damages respectively to the lienholders and purchaser, the
7-31     purchaser shall reconvey the property to the seller.
7-32           (p) [(m)]  A purchaser of real property covered by the
7-33     provisions of this section, if the sale or conveyance of the
7-34     property is not made in compliance with this section, may institute
7-35     a suit for damages in an amount not to exceed $5,000, plus
7-36     reasonable attorney's fees.
7-37           (q) [(n)]  A purchaser is not entitled to recover damages
7-38     under both Subsections (o) [(l)] and (p) [(m)], and entry of a
7-39     final decision awarding damages to the purchaser under either
7-40     Subsection (o) [(l)] or (p) [(m)] shall preclude the purchaser from
7-41     recovering damages under the other subsection.  Notwithstanding any
7-42     part or provision of the general or special laws or the common law
7-43     of the state to the contrary, the relief provided under Subsections
7-44     (o) [(l)] and (p) [(m)] shall be the exclusive remedies for a
7-45     purchaser aggrieved by the seller's failure to comply with the
7-46     provisions of this section.  Any action for damages shall not,
7-47     however, apply to, affect, alter, or impair the validity of any
7-48     existing vendor's lien, mechanic's lien, or deed of trust lien on
7-49     the property.
7-50           (r) [(o)]  A suit for damages under the provisions of this
7-51     section must be brought within 90 days after the purchaser receives
7-52     the first district tax notice or within four years after the
7-53     property is sold or conveyed to the purchaser, whichever time
7-54     occurs first, or the purchaser loses the right to seek damages
7-55     under this section.
7-56           (s) [(p)]  Notwithstanding any provisions of this subchapter
7-57     to the contrary, a purchaser may not recover damages of any kind
7-58     under this section if that person:
7-59                 (1)  purchases an equity in real property and in
7-60     conjunction with the purchase assumes any liens, whether purchase
7-61     money or otherwise; and
7-62                 (2)  does not require proof of title by abstract, title
7-63     policy, or any other proof of title.
7-64           SECTION 2.  (a)  This Act takes effect September 1, 1999.
7-65           (b)  The change in law made by this Act applies only to a
7-66     transfer of property that occurs on or after the effective date of
7-67     this Act.  For purposes of this section, a transfer of property
7-68     occurs before the effective date of this Act if the contract of
7-69     sale and purchase binding the purchaser to purchase the property is
 8-1     executed before that date.
 8-2           (c)  Property transferred before the effective date of this
 8-3     Act is covered by the law in effect when the property was
 8-4     transferred, and the former law is continued in effect for that
 8-5     purpose.
 8-6           SECTION 3.  The importance of this legislation and the
 8-7     crowded condition of the calendars in both houses create an
 8-8     emergency and an imperative public necessity that the
 8-9     constitutional rule requiring bills to be read on three several
8-10     days in each house be suspended, and this rule is hereby suspended.
8-11                                  * * * * *