By Shields H.B. No. 3700
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notice of the purchase or ownership of real estate for
1-3 the purpose of providing federal, state, county, or nonprofit
1-4 government-assisted housing.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 301, Property Code is amended by adding
1-7 Subchapter J to read as follows:
1-8 Subchapter J. NOTICE TO COMMUNITY OF INTENTION TO PURCHASE
1-9 AND OPERATE GOVERNMENT-ASSISTED HOUSING.
1-10 Sec. 301.180. Any person or entity who intends to purchase
1-11 or operate assisted housing under any federal, state, county, or
1-12 nonprofit housing assistance program shall publish notice of
1-13 intention to purchase or operate such housing in a newspaper of
1-14 general circulation within the county where the property is
1-15 located, on three separate days, at least 90 days before any
1-16 contract to purchase the property is executed.
1-17 Sec. 301.181. The style of the notice shall be as follows:
1-18 NOTICE OF INTENTION TO SELL OR USE PROPERTY FOR
1-19 FEDERAL, STATE, COUNTY, OR NONPROFIT ASSISTED HOUSING.
1-20 THE OWNER OF A PARTICULAR PIECE OF PROPERTY WHICH IS
1-21 LOCATED IN __________ COUNTY, WITH A STREET ADDRESS OF
2-1 _______________, MORE PARTICULARLY DESCRIBED IN A
2-2 DOCUMENT ENTITLED: ______________, DATED __/__/__ WHICH
2-3 IS RECORDED IN VOL.____, PAGE ____ OF THE REAL
2-4 PROPERTY/DEED RECORDS OF _____ COUNTY, IS INTENDED TO
2-5 BE SOLD TO OR USED BY AN ENTITY FOR THE PURPOSE OF
2-6 LOW-INCOME HOUSING. THE SALE OR THE BEGINNING OF USE AS
2-7 LOW-INCOME ASSISTED HOUSING WILL BEGIN ON OR AFTER
2-8 ___/___/___, WHICH IS A DATE 90 DAYS AFTER THE LAST
2-9 DAY OF PUBLICATION OF THIS NOTICE.
2-10 SECTION 2. Sec. 301.182. Each federal state, county, or
2-11 nonprofit Public Housing Authority (PHA) or nonprofit entity, or
2-12 subsidiary organization of any of the above which owns or operates
2-13 government-assisted housing under any federal HUD housing
2-14 assistance program shall:
2-15 (a) Publish a comprehensive and complete list of every real
2-16 property or estate owned or leased by the entity. It shall contain
2-17 a street address, approximate acreage, and volume and page number
2-18 of the County Deed records where the most recent deed describing
2-19 the property can be found. Each property listed shall have the name
2-20 of the entity which owns it and a business phone number and
2-21 internet address printed next to the property. The list shall be
2-22 published in the Texas Register every month on the first of the
2-23 monthly, and in a newspaper of general circulation in each
2-24 community in which the property or any apart thereof is located
2-25 twice per year;
3-1 (b) The list shall be provided to each public library in the
3-2 county in which the entity owns property;
3-3 (c) The list shall be published monthly on the Internet, and
3-4 the internet address shall be published in the Texas Register; and
3-5 (e) provide an opportunity for persons to transmit on the
3-6 Internet comments on a housing subject.
3-7 (f) In this section, "Internet" means the largest,
3-8 nonproprietary, nonprofit, cooperative, public computer network,
3-9 popularly known as the Internet.
3-10 (g) The access to information allowed by this section is in
3-11 addition to the public's free access to the information through
3-12 other electronic or print distribution of the information.
3-13 SECTION 3. Failure to publish the notice shall be a Class C
3-14 misdemeanor for any person who signs the closing documents or
3-15 operates the section 8 low income housing.
3-16 SECTION 4. Failure to publish the notice shall give any
3-17 resident of the county the right to sue to set aside the
3-18 transaction and recover attorney fees.
3-19 SECTION 5. If a federal statute or court order conflicts
3-20 with this subchapter, the federal law or court order prevails over
3-21 this subchapter, but only to the extent necessary to comply with
3-22 the federal law or court order.
3-23 SECTION 6. This Act takes effect beginning September 1,
3-24 1999.
3-25 SECTION 7. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended,
4-5 and that this Act take effect and be in force from and after its
4-6 passage, and it is so enacted.