By:  Carona                                            S.B. No. 167
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to requiring a seller of real property to deliver notice
 1-2     to the purchaser regarding the potential for annexation of the
 1-3     property.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 5, Property Code, is
 1-6     amended by adding Section 5.011 to read as follows:
 1-7           Sec. 5.011.  SELLER'S DISCLOSURE REGARDING POTENTIAL
 1-8     ANNEXATION.  (a)  A person who sells an interest in real property
 1-9     in this state shall give to the purchaser of the property a written
1-10     notice that reads substantially similar to the following:
1-11                    NOTICE REGARDING POSSIBLE ANNEXATION
1-12                 If the property that is the subject of this
1-13           contract is located outside the limits of a
1-14           municipality, the property may now or later be included
1-15           in the extraterritorial jurisdiction of a municipality
1-16           and may now or later be subject to annexation by the
1-17           municipality.  Each municipality maintains a map that
1-18           depicts its boundaries and extraterritorial
1-19           jurisdiction.  To determine if the property is located
1-20           within a municipality's extraterritorial jurisdiction
1-21           or is likely to be located within a municipality's
1-22           extraterritorial jurisdiction, contact all
1-23           municipalities located in the general proximity of the
1-24           property for further information.
 2-1           (b)  The seller shall deliver the notice to the purchaser
 2-2     before the date the executory contract binds the purchaser to
 2-3     purchase the property.  The notice may be given separately, as part
 2-4     of the contract during negotiations, or as part of any other notice
 2-5     the seller delivers to the purchaser.
 2-6           (c)  This section does not apply to a transfer:
 2-7                 (1)  under a court order or foreclosure sale;
 2-8                 (2)  by a trustee in bankruptcy;
 2-9                 (3)  to a mortgagee by a mortgagor or successor in
2-10     interest or to a beneficiary of a deed of trust by a trustor or
2-11     successor in interest;
2-12                 (4)  by a mortgagee or a beneficiary under a deed of
2-13     trust who has acquired the land at a sale conducted under a power
2-14     of sale under a deed of trust or a sale under a court-ordered
2-15     foreclosure or has acquired the land by a deed in lieu of
2-16     foreclosure;
2-17                 (5)  by a fiduciary in the course of the administration
2-18     of a decedent's estate, guardianship, conservatorship, or trust;
2-19                 (6)  from one co-owner to another co-owner of an
2-20     undivided interest in the real property;
2-21                 (7)  to a spouse or a person in the lineal line of
2-22     consanguinity of the seller;
2-23                 (8)  to or from a governmental entity;
2-24                 (9)  of only a mineral interest, leasehold interest, or
2-25     security interest; or
2-26                 (10)  of real property that is located wholly within a
 3-1     municipality's corporate boundaries.
 3-2           (d)  If the notice is delivered as provided by this section,
 3-3     the seller has no duty to provide additional information regarding
 3-4     the possible annexation of the property by a municipality.
 3-5           (e)  If an executory contract is entered into without the
 3-6     seller providing the notice required by this section, the purchaser
 3-7     may terminate the contract for any reason within the earlier of:
 3-8                 (1)  seven days after the date the purchaser receives
 3-9     the notice; or
3-10                 (2)  the date the transfer occurs.
3-11           SECTION 2.  (a)  This Act takes effect January 1, 2000.
3-12           (b)  The change in law made by this Act applies only to a
3-13     transfer of property that occurs on or after the effective date of
3-14     this Act.  For purposes of this section, a transfer of property
3-15     occurs before the effective date of this Act if the executory
3-16     contract binding the purchaser to purchase the property is executed
3-17     before that date.
3-18           (c)  Property transferred before the effective date of this
3-19     Act is covered by the law in effect when the property was
3-20     transferred, and the former law is continued in effect for that
3-21     purpose.
3-22           SECTION 3.  The importance of this legislation and the
3-23     crowded condition of the calendars in both houses create an
3-24     emergency and an imperative public necessity that the
3-25     constitutional rule requiring bills to be read on three several
3-26     days in each house be suspended, and this rule is hereby suspended.