By Ellis                                               S.B. No. 319
         76R3444 PAM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to disclosure notices required for the sale of certain
 1-3     residential real 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 Sections 5.012 and 5.013 to read as follows:
 1-7           Sec. 5.012.  NOTICE OF HOMESTEAD FORECLOSURE INFORMATION.
 1-8     (a)  A seller of residential real property comprising not more than
 1-9     one dwelling unit located in this state shall give to the purchaser
1-10     of the property before the transfer of the  property a written
1-11     notice as prescribed by this section.
1-12           (b)  The notice must be conspicuous and printed in 14-point
1-13     bold-faced type and read substantially similar to the following:
1-14                 NOTICE OF HOMESTEAD FORECLOSURE INFORMATION
1-15            CONCERNING THE PROPERTY AT (street address and city)
1-16     WARNING: UNDER TEXAS LAW, YOU MAY LOSE THIS PROPERTY THROUGH
1-17     FORECLOSURE, EVEN IF IT IS DESIGNATED AS HOMESTEAD PROPERTY, IF YOU
1-18     FAIL TO TIMELY PAY ANY OF THE FOLLOWING OBLIGATIONS:
1-19                 (1)  a purchase money obligation secured by a lien on
1-20     this property;
1-21                 (2)  a home improvement contract obligation secured by
1-22     a lien on this property;
1-23                 (3)  a property owners' association assessment and
1-24     certain related costs secured by a lien on this property, including
 2-1     a lien provided for in restrictive covenants applicable to this
 2-2     property;
 2-3                 (4)  ad valorem property taxes assessed against this
 2-4     property;
 2-5                 (5)  federal income taxes owed by you; or
 2-6                 (6)  a lien on this property that preexists your
 2-7     purchase of this property and that was not paid at the time you
 2-8     purchased this property.
 2-9           Depending on state law or the terms of the agreement relating
2-10     to the financial obligation, a financial obligation listed above
2-11     may be foreclosed by judicial foreclosure, which would require the
2-12     filing of a lawsuit against you, or by nonjudicial foreclosure,
2-13     which would require notifying you but would not require the filing
2-14     of a lawsuit against you.  In certain circumstances, attorney's
2-15     fees and other costs associated with the foreclosure may be added
2-16     to the original obligation, which would increase the amount of the
2-17     debt owed.
2-18           If you cease using this home as your primary residence or
2-19     otherwise lose your homestead exemption, the failure to timely pay
2-20     financial obligations other than those listed above may result in
2-21     the foreclosure of this property.
2-22           I UNDERSTAND THAT I CAN LOSE THIS PROPERTY THROUGH
2-23     FORECLOSURE FOR THE REASONS STATED ABOVE.
2-24     Date:__________            ________________________________________
2-25                                Signature of Purchaser                  
2-26                                Print Name:_________________________    
2-27                                Property Address:_____________________  
 3-1           (c)  The seller's failure to provide the notice required by
 3-2     this section:
 3-3                 (1)  is a false, misleading, or deceptive act or
 3-4     practice within the meaning of Section 17.46, Business & Commerce
 3-5     Code, and is actionable in a public or private suit brought under
 3-6     Subchapter E, Chapter 17, Business & Commerce Code; and
 3-7                 (2)  entitles the purchaser to cancel and rescind the
 3-8     purchase contract and receive a full refund of any purchase payment
 3-9     made to the seller.
3-10           Sec. 5.013.  NOTICE OF OBLIGATIONS RELATED TO MEMBERSHIP IN
3-11     PROPERTY OWNERS' ASSOCIATION.  (a) A seller of residential real
3-12     property that is subject to membership in a property owners'
3-13     association and comprising not more than one dwelling unit located
3-14     in this state shall give to the purchaser of the property before
3-15     the transfer of the  property a written notice as prescribed by
3-16     this section.
3-17           (b)  The notice must be conspicuous and printed in 14-point
3-18     bold-faced type and read substantially similar to the following:
3-19            NOTICE OF MEMBERSHIP IN PROPERTY OWNERS' ASSOCIATION
3-20                 CONCERNING THE PROPERTY AT (street address)
3-21                       (name of residential community)
3-22           As a purchaser of property in this residential community, you
3-23     are obligated to be a member of (name of property owners'
3-24     association).
3-25           Restrictive covenants governing the use and occupancy of
3-26     property located in this residential community and a dedicatory
3-27     instrument governing the establishment, maintenance, and operation
 4-1     of this residential community have been or will be recorded in the
 4-2     Real Property Records of (name of county).   Copies of the
 4-3     restrictive covenants and dedicatory instrument may be obtained
 4-4     from the county clerk.
 4-5           The restrictive covenants ________ may ________ may not be
 4-6     amended without the approval of the members of the property owners'
 4-7     association.
 4-8           You are obligated to pay assessments to the property owners'
 4-9     association.  The amount of the assessments is subject to change.
4-10     Your failure to pay the assessments could result in a lien on and
4-11     the foreclosure of your property.
4-12           THE STATEMENTS CONTAINED IN THIS NOTICE ARE SUMMARY IN
4-13     NATURE.  AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE
4-14     RESTRICTIVE COVENANTS AND THE DEDICATORY INSTRUMENT FOR FURTHER
4-15     DETAIL.
4-16           I UNDERSTAND MY OBLIGATIONS RELATING TO MEMBERSHIP IN THE
4-17     PROPERTY OWNERS' ASSOCIATION AS STATED ABOVE.
4-18     Date:__________            ________________________________________
4-19                                Signature of Purchaser                  
4-20                                Print Name:_________________________    
4-21                                Property Address:_____________________  
4-22           (c)  The seller's failure to provide the notice required by
4-23     this section:
4-24                 (1)  is a false, misleading, or deceptive act or
4-25     practice within the meaning of Section 17.46, Business & Commerce
4-26     Code, and is actionable in a public or private suit brought under
4-27     Subchapter E, Chapter 17, Business & Commerce Code; and
 5-1                 (2)  entitles the purchaser to cancel and rescind the
 5-2     purchase contract and receive a full refund of any purchase payment
 5-3     made to the seller.
 5-4           SECTION 2.  This Act takes effect September 1, 1999.  The
 5-5     change in law made by this Act applies only to a real property
 5-6     transaction described by this Act in which the transfer of the
 5-7     property occurs on or after the effective date of this Act.
 5-8           SECTION 3.  The importance of this legislation and the
 5-9     crowded condition of the calendars in both houses create an
5-10     emergency and an imperative public necessity that the
5-11     constitutional rule requiring bills to be read on three several
5-12     days in each house be suspended, and this rule is hereby suspended.