By Smith                                              H.B. No. 1453
         76R5197 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to coverage under a title insurance policy issued with
 1-3     respect to residential real property.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 9.07A, Insurance Code, is amended by
 1-6     adding Subsection (f) to read as follows:
 1-7           (f)  Notwithstanding any other law, an owner policy issued in
 1-8     connection with a transaction involving residential real property
 1-9     in this state  shall indemnify the owner of the property for any
1-10     delinquent ad valorem taxes, including penalties and interest, to
1-11     be paid with respect to the property and any tax lien imposed on
1-12     the property to secure payment of ad valorem taxes, including
1-13     penalties and interest, if the owner purchased the property for
1-14     consideration and did not know about the delinquent tax or tax lien
1-15     at the time the owner purchased the property.  This subsection
1-16     applies only to real property that is owned by a natural person and
1-17     occupied by the owner as the owner's principal residence.
1-18           SECTION 2.  Subchapter C, Chapter 11, Tax Code, is amended by
1-19     adding Section 11.48 to read as follows:
1-20           Sec. 11.48.  NOTICE TO COUNTY CLERK; REAL PROPERTY RECORDS.
1-21     (a)  The chief appraiser shall send written notice to the county
1-22     clerk of the county in which the property is located of:
1-23                 (1)  each application for an exemption under Section
1-24     11.13 that is approved by the chief appraiser; and
 2-1                 (2)  each exemption under Section 11.13 that is
 2-2     canceled by the chief appraiser.
 2-3           (b)  Notice under Subsection (a)  must be sent not later than
 2-4     the fifth day after the date the chief appraiser approves the
 2-5     application or cancels the exemption and must include a legal
 2-6     description of the property.
 2-7           (c)  The county clerk shall file notice received under this
 2-8     section in the real property records for the county.
 2-9           SECTION 3.  Section 118.013(c), Local Government Code, is
2-10     amended to read as follows:
2-11           (c)  The fee does not apply to:
2-12                 (1)  map records;
2-13                 (2)  condominium records;
2-14                 (3)  documents filed in accordance with Section 11.48,
2-15     Tax Code;
2-16                 (4)  notary public records;
2-17                 (5) [(4)]  marriage records;
2-18                 (6) [(5)]  vital statistics records;
2-19                 (7) [(6)]  documents filed in the records of county
2-20     civil or criminal courts or probate courts; or
2-21                 (8) [(7)]  personal property, chattels, and personal
2-22     records in the office of the county clerk.
2-23           SECTION 4.  This Act takes effect September 1, 1999.
2-24           SECTION 5.  Article 9.07A(f), Insurance Code, as added by
2-25     this Act, applies only to an owner policy of title insurance that
2-26     is delivered or issued for delivery on or after January 1, 2000.
2-27     An owner policy of title insurance that is delivered or issued for
 3-1     delivery before January 1, 2000, is governed by the law as it
 3-2     existed immediately before the effective date of this Act, and that
 3-3     law is continued in effect for that purpose.
 3-4           SECTION 6.  Section 11.48, Tax Code, as added by this Act,
 3-5     applies only to an application for a residence homestead exemption
 3-6     that is approved on or after the effective date of this Act and a
 3-7     change in an appraisal of real property that occurs on or after the
 3-8     effective date of this Act.
 3-9           SECTION 7.  The importance of this legislation and the
3-10     crowded condition of the calendars in both houses create an
3-11     emergency and an imperative public necessity that the
3-12     constitutional rule requiring bills to be read on three several
3-13     days in each house be suspended, and this rule is hereby suspended.