By Thompson H.B. No. 1007
76R2545 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to providing notice of a foreclosure sale of real
1-3 property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 51.002(b) and (f), Property Code, are
1-6 amended to read as follows:
1-7 (b) Notice of the sale, which must include a statement of
1-8 the earliest time at which the sale will begin, must be:
1-9 (1) given at least 21 days before the date of the
1-10 sale:
1-11 (A) [(1)] by posting at the courthouse door of
1-12 each county in which the property is located a written notice
1-13 designating the county in which the property will be sold;
1-14 (B) [(2)] by filing in the office of the county
1-15 clerk of each county in which the property is located a copy of the
1-16 notice posted under Paragraph (A) [Subdivision (1)]; and
1-17 (C) [(3)] by the holder of the debt to which the
1-18 power of sale is related serving written notice of the sale by
1-19 certified mail on each debtor who, according to the records of the
1-20 holder of the debt, is obligated to pay the debt; and
1-21 (2) published in a newspaper of general circulation in
1-22 each county in which the property is located at least once each
1-23 week for three consecutive weeks before the date of the sale, with
1-24 the first publication appearing at least 21 days before the date of
2-1 the sale, designating the place of the sale and providing a brief
2-2 description of the property sufficient to identify the location of
2-3 the property.
2-4 (f) Each county clerk shall keep all notices filed under
2-5 [Subdivision (2) of] Subsection (b)(1)(B) in a convenient file that
2-6 is available to the public for examination during normal business
2-7 hours. The clerk may dispose of the notices after the date of
2-8 sale specified in the notice has passed. The clerk shall receive a
2-9 fee of $2 for each notice filed.
2-10 SECTION 2. (a) This Act takes effect September 1, 1999.
2-11 (b) The change in law made by this Act applies only to a
2-12 notice of sale that must be provided under Section 51.002, Property
2-13 Code, as amended by this Act, for a sale of real property under a
2-14 power of sale conferred by a deed of trust or other contract lien
2-15 that occurs on or after October 1, 1999.
2-16 (c) A notice of sale that must be provided for a sale of
2-17 real property under a power of sale conferred by a deed of trust or
2-18 other contract lien that occurs before October 1, 1999, is governed
2-19 by the law in effect immediately preceding the effective date of
2-20 this Act, and the former law is continued in effect for that
2-21 purpose.
2-22 SECTION 3. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.