1-1                                   AN ACT
 1-2     relating to executory contracts for the conveyance of real
 1-3     property.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapters D and E, Chapter 5, Property Code,
 1-6     are amended to consolidate the subchapters by amending and
 1-7     redesignating Section 5.065 as Section 5.061, amending and
 1-8     redesignating Section 5.091 as Section 5.062, amending and
 1-9     redesignating Section 5.062 as Section 5.063, amending and
1-10     redesignating Section 5.061 as Section 5.064, amending and
1-11     redesignating Section 5.063 as Section 5.065, amending and
1-12     redesignating Section 5.101 as Section 5.066, redesignating Section
1-13     5.064 as Section 5.067, amending and redesignating Section 5.093 as
1-14     Section 5.068, amending and redesignating Section 5.094 as Section
1-15     5.069, adding Section 5.070, amending and redesignating Section
1-16     5.095 as Section 5.071, adding Section 5.072, amending and
1-17     redesignating Section 5.096 as Section 5.073, redesignating Section
1-18     5.097 as Section 5.074, amending and redesignating Section 5.098 as
1-19     Section 5.075, amending and redesignating Section 5.099 as Section
1-20     5.076, amending and redesignating Section 5.100 as Section 5.077,
1-21     adding Section 5.078, amending and redesignating Section 5.102 as
1-22     Section 5.079, and redesignating Section 5.103 as Section 5.080 to
1-23     read as follows:
1-24           Sec. 5.061 [5.065].  DEFINITION [DEFAULT].  In this
1-25     subchapter, "default" means the failure to:
 2-1                 (1)  make a timely payment; or
 2-2                 (2)  comply with a term of an executory contract.
 2-3           Sec. 5.062 [5.091].  APPLICABILITY.  (a)  [This subchapter
 2-4     applies only to an executory contract that covers real property
 2-5     located in a county that, as determined by the Texas Department of
 2-6     Housing and Community Affairs:]
 2-7                 [(1)  has a per capita income that averaged 25 percent
 2-8     below the state average for the most recent three consecutive years
 2-9     for which statistics are available and an unemployment rate that
2-10     averaged 25 percent above the state average for the most recent
2-11     three consecutive years for which statistics are available; and]
2-12                 [(2)  is within 200 miles of an international border.]
2-13           [(b)]  This subchapter applies only to a transaction
2-14     involving an executory contract for conveyance of real property
2-15     used or to be used as the purchaser's residence or as the residence
2-16     of a person related to the purchaser within the second degree by
2-17     consanguinity or affinity, as determined under Chapter 573,
2-18     Government Code.  For purposes of this subchapter, a lot measuring
2-19     one acre or less is presumed to be residential property.
2-20           (b) [(c)]  This subchapter does not apply to a transaction
2-21     involving the sale of state land or a sale of land by the Veterans'
2-22     Land Board under an executory contract.
2-23           (c) [(d)]  This subchapter does not apply to an executory
2-24     contract that provides for the delivery of a deed from the seller
2-25     to the purchaser within 180 days of the date of the final execution
2-26     of the executory contract.
 3-1           (d)  Section 5.066 and Sections 5.068-5.080 do not apply to a
 3-2     transaction involving an executory contract for conveyance if the
 3-3     purchaser of the property:
 3-4                 (1)  is related to the seller of the property within
 3-5     the second degree by consanguinity or affinity, as determined under
 3-6     Chapter 573, Government Code; and
 3-7                 (2)  has waived the applicability of those sections in
 3-8     a written agreement.
 3-9           Sec. 5.063 [5.062].  NOTICE.  (a)  Notice under Section 5.064
3-10     [5.061 of this code] must be in writing and[.  If the notice is
3-11     mailed, it] must be delivered by registered or certified mail,
3-12     return receipt requested.  The notice must be conspicuous and
3-13     printed in 14-point boldface type or 14-point uppercase typewritten
3-14     letters, and must include on a separate page the statement:
3-15                                   NOTICE
3-16           YOU ARE NOT COMPLYING WITH THE TERMS OF THE CONTRACT TO
3-17           BUY YOUR PROPERTY.  UNLESS YOU TAKE THE ACTION
3-18           SPECIFIED IN THIS NOTICE BY (date) THE SELLER HAS THE
3-19           RIGHT TO TAKE POSSESSION OF YOUR PROPERTY.
3-20           (b)  The notice must also:
3-21                 (1)  identify and explain the remedy the seller intends
3-22     to enforce;
3-23                 (2)  if the purchaser has failed to make a timely
3-24     payment, specify:
3-25                       (A)  the delinquent amount, itemized into
3-26     principal and interest;
 4-1                       (B)  any additional charges claimed, such as late
 4-2     charges or attorney's fees; and
 4-3                       (C)  the period to which the delinquency and
 4-4     additional charges relate; and
 4-5                 (3)  if the purchaser has failed to comply with a term
 4-6     of the contract, identify the term violated and the action required
 4-7     to cure the violation.
 4-8           (c)  Notice by mail is given when it is mailed to the
 4-9     purchaser's residence or place of business.  [Notice by other
4-10     writing is given when it is delivered to the purchaser at the
4-11     purchaser's residence or place of business.]  The affidavit of a
4-12     person knowledgeable of the facts to the effect that notice was
4-13     given is prima facie evidence of notice in an action involving a
4-14     subsequent bona fide purchaser for value if the purchaser is not in
4-15     possession of the real property and if the stated time to avoid the
4-16     forfeiture has expired.  A bona fide subsequent purchaser for value
4-17     who relies upon the affidavit under this subsection shall take
4-18     title free and clear of the contract.
4-19           Sec. 5.064 [5.061].  SELLER'S REMEDIES ON DEFAULT [AVOIDANCE
4-20     OF FORFEITURE AND ACCELERATION OR OF RESCISSION].  A seller may
4-21     enforce the remedy of rescission or of forfeiture and acceleration
4-22     against a purchaser in default under an executory contract for
4-23     conveyance of real property [used or to be used as the purchaser's
4-24     residence] only if:
4-25                 (1)  the seller notifies the purchaser of:
4-26                       (A) [(1)]  the seller's intent to enforce a
 5-1     remedy under this section; and
 5-2                       (B) [(2)]  the purchaser's right to cure the
 5-3     default within the 60-day period described by Section 5.065;
 5-4                 (2)  the purchaser fails to cure the default within the
 5-5     60-day period described by Section 5.065; and
 5-6                 (3)  Section 5.066 does not apply [expiration of the
 5-7     following periods:]
 5-8                       [(A)  if the purchaser has paid less than 10
 5-9     percent of the purchase price, 15 days after the date notice is
5-10     given;]
5-11                       [(B)  if the purchaser has paid 10 percent or
5-12     more but less than 20 percent of the purchase price, 30 days after
5-13     the date notice is given; and]
5-14                       [(C)  if the purchaser has paid 20 percent or
5-15     more of the purchase price, 60 days after the date notice is
5-16     given].
5-17           Sec. 5.065 [5.063].  RIGHT TO CURE DEFAULT.  Notwithstanding
5-18     an agreement to the contrary, a purchaser in default under an
5-19     executory contract for the conveyance of real property [used or to
5-20     be used as the purchaser's residence] may[, at any time before
5-21     expiration of the applicable period provided by Section 5.061 of
5-22     this code,] avoid the enforcement of a remedy described by Section
5-23     5.064 [that section] by complying with the terms of the contract on
5-24     or before the 60th day after the date notice is given under that
5-25     section [up to the date of compliance].
5-26           Sec. 5.066 [5.101].  EQUITY PROTECTION; SALE OF PROPERTY.
 6-1     (a)  If a purchaser defaults after the purchaser has paid 40
 6-2     percent or more of the amount due or the equivalent of 48 monthly
 6-3     payments under the executory contract, the seller is granted the
 6-4     power to sell, through a trustee designated by the seller, the
 6-5     purchaser's interest in the property as provided by this section.
 6-6     The seller may not enforce the remedy of rescission or of
 6-7     forfeiture and acceleration.
 6-8           (b)  The seller shall notify a purchaser of a default under
 6-9     the contract and allow the purchaser at least 60 days after the
6-10     date notice is given to cure the default.  The notice must be
6-11     provided as prescribed by Section 5.063 [5.062] except that the
6-12     notice must substitute the following statement:
6-13                                   NOTICE
6-14           YOU ARE NOT COMPLYING WITH THE TERMS OF THE CONTRACT TO
6-15           BUY YOUR PROPERTY.  UNLESS YOU TAKE THE ACTION
6-16           SPECIFIED IN THIS NOTICE BY (date) A TRUSTEE DESIGNATED
6-17           BY THE SELLER HAS THE RIGHT TO SELL YOUR PROPERTY AT A
6-18           PUBLIC AUCTION.
6-19           (c)  The trustee or a substitute trustee designated by the
6-20     seller must post, file, and serve a notice of sale and the county
6-21     clerk shall record and maintain the notice of sale as prescribed by
6-22     Section 51.002.  A notice of sale is not valid unless it is given
6-23     after the period to cure has expired.
6-24           (d)  The trustee or a substitute trustee designated by the
6-25     seller must conduct the sale as prescribed by Section 51.002.  The
6-26     seller must:
 7-1                 (1)  convey to a purchaser at a sale conducted under
 7-2     this section fee simple title to the real property; and
 7-3                 (2)  warrant that the property is free from any
 7-4     encumbrance.
 7-5           (e)  The remaining balance of the amount due under the
 7-6     executory contract is the debt for purposes of a sale under this
 7-7     section.  If the proceeds of the sale exceed the debt amount, the
 7-8     seller shall disburse the excess funds to the purchaser under the
 7-9     executory contract.  If the proceeds of the sale are insufficient
7-10     to extinguish the debt amount, the seller's right to recover the
7-11     resulting deficiency is subject to Sections 51.003, 51.004, and
7-12     51.005 unless a provision of the executory contract releases the
7-13     purchaser under the contract from liability.
7-14           (f)  The affidavit of a person knowledgeable of the facts
7-15     that states that the notice was given and the sale was conducted as
7-16     provided by this section is prima facie evidence of those facts [in
7-17     an action involving a bona fide purchaser at the sale or a
7-18     subsequent bona fide purchaser for value if the purchaser under the
7-19     executory contract is not in possession of the property and if the
7-20     period to cure the default has expired].  A [bona fide] purchaser
7-21     for value who relies on an affidavit under this subsection acquires
7-22     title to the property free and clear of the executory contract.
7-23           (g)  If a purchaser defaults before the purchaser has paid 40
7-24     percent of the amount due or the equivalent of 48 monthly payments
7-25     under the executory contract, the seller may enforce the remedy of
7-26     rescission or of forfeiture and acceleration of the indebtedness if
 8-1     the seller complies with the notice requirements of Sections 5.063
 8-2     and 5.064 [5.061 and 5.062].
 8-3           Sec. 5.067 [5.064].  PLACEMENT OF LIEN FOR UTILITY SERVICE.
 8-4     Notwithstanding any terms of a contract to the contrary, the
 8-5     placement of a lien for the reasonable value of improvements to
 8-6     residential real estate for purposes of providing utility service
 8-7     to the property shall not constitute a default under the terms of
 8-8     an executory contract for the purchase of the real property.
 8-9           Sec. 5.068 [5.093].  FOREIGN [SPANISH] LANGUAGE REQUIREMENT.
8-10     If the negotiations that precede the execution of an executory
8-11     contract are conducted primarily in a language other than English
8-12     [Spanish], the seller shall provide a copy in that language
8-13     [Spanish] of all written documents relating to the transaction,
8-14     including the contract, disclosure notices [notice], [and] annual
8-15     accounting statements, [required by this subchapter] and a notice
8-16     of default required by this subchapter [Subchapter D].
8-17           Sec. 5.069 [5.094].  SELLER'S DISCLOSURE OF PROPERTY
8-18     CONDITION.  (a)  Before an executory contract is signed by the
8-19     purchaser, the seller shall provide the purchaser with:
8-20                 (1)  a survey, which was completed within the past
8-21     year, or plat of a current survey of the real property;
8-22                 (2)  a legible copy of any document that describes an
8-23     encumbrance or other claim, including a restrictive covenant or
8-24     easement, that affects title to the real property; and
8-25                 (3)  a written notice, which must be attached to the
8-26     contract, informing the purchaser of the condition of the property
 9-1     that must, at a minimum, be executed by the seller and purchaser
 9-2     and read substantially similar to the following:
 9-3                                   WARNING
 9-4     IF ANY OF THE ITEMS BELOW HAVE NOT BEEN CHECKED, YOU MAY NOT BE
 9-5     ABLE TO LIVE ON THE PROPERTY.
 9-6                         SELLER'S DISCLOSURE NOTICE
 9-7     CONCERNING THE PROPERTY AT (street address or legal description and
 9-8     city)
 9-9     THIS DOCUMENT STATES CERTAIN APPLICABLE FACTS ABOUT THE PROPERTY
9-10     [LAND] YOU ARE CONSIDERING PURCHASING.
9-11     CHECK ALL THE ITEMS THAT ARE APPLICABLE OR TRUE:
9-12     ____  The property is in a recorded subdivision.
9-13     ____  The property has water service that provides potable water.
9-14     ____  The property has sewer service.
9-15     ____  The property has been approved by the appropriate municipal,
9-16           county, or state agency for installation of a septic system.
9-17     ____  The property has electric service.
9-18     ____  The property is not in a floodplain.
9-19     ____  The roads to the boundaries of the property are paved and
9-20           maintained by:
9-21           ____  the seller;
9-22           ____  the owner of the property on which the road exists;
9-23           ____  the municipality;
9-24           ____  the county; or
9-25           ____  the state.
9-26     ____  No individual or entity other than the seller:
 10-1          (1)  owns the property;
 10-2          (2)  has a claim of ownership to the property; or
 10-3          (3)  has an interest in the property.
 10-4    ____  No individual or entity has a lien filed against the
 10-5    property.
 10-6    [____  There are no back taxes owed on the property.]
 10-7    ____  There are no restrictive covenants, easements, or other title
 10-8    exceptions or encumbrances that prohibit construction of a house on
 10-9    the property.
10-10    NOTICE:  SELLER ADVISES PURCHASER TO:
10-11                (1)  OBTAIN A TITLE ABSTRACT OR TITLE COMMITMENT
10-12    COVERING THE PROPERTY AND HAVE THE ABSTRACT OR COMMITMENT REVIEWED
10-13    BY AN ATTORNEY BEFORE SIGNING A CONTRACT OF THIS TYPE; AND
10-14                (2)  PURCHASE AN OWNER'S POLICY OF TITLE INSURANCE
10-15    COVERING THE PROPERTY.
10-16    ____________________________           ____________________________
10-17    (Date)                                 (Signature of Seller)
10-18                                                               
10-19    ____________________________           ____________________________
10-20    (Date)                                 (Signature of Purchaser)
10-21          (b)  If the property is not located in a recorded
10-22    subdivision, the seller shall provide the purchaser with a separate
10-23    disclosure form stating that utilities may not be available to the
10-24    property until the subdivision is recorded as required by law.
10-25          (c)  If the seller advertises property for sale under an
10-26    executory contract, the advertisement must disclose information
 11-1    regarding the availability of water, sewer, and electric service.
 11-2          (d)  The seller's failure to provide information required by
 11-3    this section:
 11-4                (1)  is a false, misleading, or deceptive act or
 11-5    practice within the meaning of Section 17.46, Business & Commerce
 11-6    Code, and is actionable in a public or private suit brought under
 11-7    Subchapter E, Chapter 17, Business & Commerce Code; and
 11-8                (2)  entitles the purchaser to cancel and rescind the
 11-9    executory contract and receive a full refund of all payments made
11-10    to the seller.
11-11          (e)  Subsection (d) does not limit the purchaser's remedy
11-12    against the seller for other false, misleading, or deceptive acts
11-13    or practices actionable in a suit brought under Subchapter E,
11-14    Chapter 17, Business & Commerce Code.
11-15          Sec. 5.070.  SELLER'S DISCLOSURE OF TAX PAYMENTS AND
11-16    INSURANCE COVERAGE.  (a)  Before an executory contract is signed by
11-17    the purchaser, the seller shall provide the purchaser with:
11-18                (1)  a tax certificate from the collector for each
11-19    taxing unit that collects taxes due on the property as provided by
11-20    Section 31.08, Tax Code; and
11-21                (2)  a legible copy of any insurance policy, binder, or
11-22    other evidence relating to the property that indicates:
11-23                      (A)  the name of the insurer and the insured;
11-24                      (B)  a description of the property insured; and
11-25                      (C)  the amount for which the property is
11-26    insured.
 12-1          (b)  The seller's failure to provide information required by
 12-2    this section:
 12-3                (1)  is a false, misleading, or deceptive act or
 12-4    practice within the meaning of Section 17.46, Business & Commerce
 12-5    Code, and is actionable in a public or private suit brought under
 12-6    Subchapter E, Chapter 17, Business & Commerce Code; and
 12-7                (2)  entitles the purchaser to cancel and rescind the
 12-8    executory contract and receive a full refund of all payments made
 12-9    to the seller.
12-10          (c)  Subsection (b) does not limit the purchaser's remedy
12-11    against the seller for other false, misleading, or deceptive acts
12-12    or practices actionable in a suit brought under Subchapter E,
12-13    Chapter 17, Business & Commerce Code.
12-14          Sec. 5.071 [5.095].  SELLER'S DISCLOSURE OF FINANCING TERMS.
12-15    Before an executory contract is signed by the purchaser, the seller
12-16    shall provide to the purchaser a written statement that specifies:
12-17                (1)  the purchase price of the property;
12-18                (2)  the interest rate charged under the contract;
12-19                (3)  the dollar amount, or an estimate of the dollar
12-20    amount if the interest rate is variable, of the interest charged
12-21    for the term of the contract;
12-22                (4)  the total amount of principal and interest to be
12-23    paid under the contract;
12-24                (5)  the late charge, if any, that may be assessed
12-25    under the contract; and
12-26                (6)  the fact that the seller may not charge a
 13-1    prepayment penalty or any similar fee if the purchaser elects to
 13-2    pay the entire amount due under the contract before the scheduled
 13-3    payment date under the contract.
 13-4          Sec. 5.072.  ORAL AGREEMENTS PROHIBITED.  (a)  An executory
 13-5    contract is not enforceable unless the contract is in writing and
 13-6    signed by the party to be bound or by that party's authorized
 13-7    representative.
 13-8          (b)  The rights and obligations of the parties to a contract
 13-9    are determined solely from the written contract, and any prior oral
13-10    agreements between the parties are superseded by and merged into
13-11    the contract.
13-12          (c)  An executory contract may not be varied by any oral
13-13    agreements or discussions that occur before or contemporaneously
13-14    with the execution of the contract.
13-15          (d)  The seller shall include in a separate document or in a
13-16    provision of the contract a statement printed in 14-point boldfaced
13-17    type or 14-point uppercase typewritten letters that reads
13-18    substantially similar to the following:
13-19          THIS EXECUTORY CONTRACT REPRESENTS THE FINAL AGREEMENT
13-20          BETWEEN THE SELLER AND PURCHASER AND MAY NOT BE
13-21          CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR
13-22          SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES.  THERE ARE
13-23          NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
13-24          _____________________      ____________________________
13-25          (Date)                     (Signature of Seller)
13-26          _____________________      ____________________________
 14-1          (Date)                     (Signature of Purchaser)
 14-2          (e)  The seller's failure to provide the notice required by
 14-3    this section:
 14-4                (1)  is a false, misleading, or deceptive act or
 14-5    practice within the meaning of Section 17.46, Business & Commerce
 14-6    Code, and is actionable in a public or private suit brought under
 14-7    Subchapter E, Chapter 17, Business & Commerce Code; and
 14-8                (2)  entitles the purchaser to cancel and rescind the
 14-9    executory contract and receive a full refund of all payments made
14-10    to the seller.
14-11          (f)  Subsection (e) does not limit the purchaser's remedy
14-12    against the seller for other false, misleading, or deceptive acts
14-13    or practices actionable in a suit brought under Subchapter E,
14-14    Chapter 17, Business & Commerce Code.
14-15          Sec. 5.073 [5.096].  CONTRACT TERMS PROHIBITED.  A seller may
14-16    not include as a term of the executory contract a provision that:
14-17                (1)  imposes an additional late-payment fee that
14-18    exceeds the lesser of:
14-19                      (A)  eight percent of the monthly payment under
14-20    the contract; or
14-21                      (B)  the actual administrative cost of processing
14-22    the late payment;
14-23                (2)  prohibits the purchaser from pledging the
14-24    purchaser's interest in the property as security to obtain a loan
14-25    to place improvements, including utility improvements or fire
14-26    protection improvements, on the property; or
 15-1                (3)  imposes a prepayment penalty or any similar fee if
 15-2    the purchaser elects to pay the entire amount due under the
 15-3    contract before the scheduled payment date under the contract.
 15-4          Sec. 5.074 [5.097].  PURCHASER'S RIGHT TO CANCEL CONTRACT
 15-5    WITHOUT CAUSE.  (a)  In addition to other rights or remedies
 15-6    provided by law, the purchaser may cancel and rescind an executory
 15-7    contract for any reason by sending by telegram or certified or
 15-8    registered mail, return receipt requested, or by delivering in
 15-9    person a signed, written notice of cancellation to the seller not
15-10    later than the 14th day after the date of the contract.
15-11          (b)  If the purchaser cancels the contract as provided by
15-12    Subsection (a), the seller shall, not later than the 10th day after
15-13    the date the seller receives the purchaser's notice of
15-14    cancellation:
15-15                (1)  return to the purchaser the executed contract and
15-16    any property exchanged or payments made by the purchaser under the
15-17    contract; and
15-18                (2)  cancel any security interest arising out of the
15-19    contract.
15-20          (c)  The seller shall include in immediate proximity to the
15-21    space reserved in the executory contract for the purchaser's
15-22    signature a statement printed in 14-point boldface type or 14-point
15-23    uppercase typewritten letters that reads substantially similar to
15-24    the following:
15-25          YOU, THE PURCHASER, MAY CANCEL THIS CONTRACT AT ANY
15-26          TIME DURING THE NEXT TWO WEEKS. THE DEADLINE FOR
 16-1          CANCELING THE CONTRACT IS (date).  THE ATTACHED NOTICE
 16-2          OF CANCELLATION EXPLAINS THIS RIGHT.
 16-3          (d)  The seller shall provide a notice of cancellation form
 16-4    to the purchaser at the time the purchaser signs the executory
 16-5    contract that is printed in 14-point boldface type or 14-point
 16-6    uppercase typewritten letters and that reads substantially similar
 16-7    to the following:
 16-8                          NOTICE OF CANCELLATION
 16-9          (date of contract)
16-10                YOU MAY CANCEL THE EXECUTORY CONTRACT FOR ANY
16-11          REASON WITHOUT ANY PENALTY OR OBLIGATION BY (date).
16-12                (1)  YOU MUST SEND BY TELEGRAM OR CERTIFIED OR
16-13          REGISTERED MAIL, RETURN RECEIPT REQUESTED, OR DELIVER
16-14          IN PERSON A SIGNED AND DATED COPY OF THIS CANCELLATION
16-15          NOTICE OR ANY OTHER WRITTEN NOTICE TO (Name of Seller)
16-16          AT (Seller's Address) BY (date).
16-17                (2)  THE SELLER SHALL, NOT LATER THAN THE 10TH
16-18          DAY AFTER THE DATE THE SELLER RECEIVES YOUR
16-19          CANCELLATION NOTICE:
16-20                      (A)  RETURN THE EXECUTED CONTRACT AND ANY
16-21          PROPERTY EXCHANGED OR PAYMENTS MADE BY YOU UNDER THE
16-22          CONTRACT; AND
16-23                      (B)  CANCEL ANY SECURITY INTEREST ARISING
16-24          OUT OF THE CONTRACT.
16-25          I ACKNOWLEDGE RECEIPT OF THIS NOTICE OF CANCELLATION
16-26          FORM.
 17-1          _________________________       _______________________
 17-2          (Date)                          (Purchaser's Signature)
 17-3          I HEREBY CANCEL THIS CONTRACT.
 17-4          _________________________       _______________________
 17-5          (Date)                          (Purchaser's Signature)
 17-6          (e)  The seller may not request the purchaser to sign a
 17-7    waiver of receipt of the notice of cancellation form required by
 17-8    this section.
 17-9          Sec. 5.075 [5.098].  PURCHASER'S RIGHT TO PLEDGE INTEREST IN
17-10    PROPERTY ON CONTRACTS ENTERED INTO BEFORE SEPTEMBER 1, 2001 [1995].
17-11    (a)  On an executory contract entered into before September 1, 2001
17-12    [1995], a purchaser may pledge the interest in the property, which
17-13    accrues pursuant to Section 5.066 [5.101], only to obtain a loan
17-14    for improving the safety of the property or any improvements on the
17-15    property.
17-16          (b)  Loans that improve the safety of the property and
17-17    improvements on the property include loans for:
17-18                (1)  improving or connecting a residence to water
17-19    service;
17-20                (2)  improving or connecting a residence to a
17-21    wastewater system;
17-22                (3)  building or improving a septic system;
17-23                (4)  structural improvements in the residence; and
17-24                (5)  improved fire protection.
17-25          Sec. 5.076 [5.099].  RECORDING REQUIREMENTS.  (a)  Except as
17-26    provided by Subsection (b), the seller shall record the executory
 18-1    contract, including the attached disclosure statement required by
 18-2    Section 5.069 [5.094], as prescribed by Title 3 on or before the
 18-3    30th day after the date the contract is executed.
 18-4          (b)  Section 12.002(c) does not apply to an executory
 18-5    contract filed for record under this section.
 18-6          (c)  If the executory contract is terminated for any reason,
 18-7    the seller shall record the instrument that terminates the
 18-8    contract.
 18-9          (d)  The county clerk shall collect the filing fee prescribed
18-10    by Section 118.011, Local Government Code.
18-11          Sec. 5.077 [5.100].  ANNUAL ACCOUNTING STATEMENT.  (a)  The
18-12    seller shall provide the purchaser with an annual statement in
18-13    January of each year for the term of the executory contract.  If
18-14    the seller mails the statement to the purchaser, the statement must
18-15    be postmarked not later than January 31.
18-16          (b)  The statement must include the following information:
18-17                (1)  the amount paid under the contract;
18-18                (2)  the remaining amount owed under the contract;
18-19                (3)  the number of payments remaining under the
18-20    contract; [and]
18-21                (4)  the amounts paid to taxing authorities on the
18-22    purchaser's behalf if collected by the seller;
18-23                (5)  the amounts paid to insure the property on the
18-24    purchaser's behalf if collected by the seller;
18-25                (6)  if the property has been damaged and the seller
18-26    has received insurance proceeds, an accounting of the proceeds
 19-1    applied to the property; and
 19-2                (7)  if the seller has changed insurance coverage, a
 19-3    legible copy of the current policy, binder, or other evidence that
 19-4    satisfies the requirements of Section 5.070(a)(2).
 19-5          (c)  A [If the] seller who fails to comply with Subsection
 19-6    (a) is liable to[,] the purchaser for [may]:
 19-7                (1)  liquidated damages in the amount of $250 a day for
 19-8    each day after January 31 that [notify] the seller fails to provide
 19-9    [that] the purchaser with [has not received] the statement [and
19-10    will deduct 15 percent of each monthly payment due until the
19-11    statement is received]; and
19-12                (2)  reasonable attorney's fees [not earlier than the
19-13    25th day after the date the purchaser provides the seller notice
19-14    under this subsection, deduct 15 percent of each monthly payment
19-15    due until the statement is received by the purchaser.]
19-16          [(d)  A purchaser who makes a deduction under Subsection (c)
19-17    is not required to reimburse the seller for the amount deducted].
19-18          Sec. 5.078.  DISPOSITION OF INSURANCE PROCEEDS.  (a)  The
19-19    named insured under an insurance policy, binder, or other coverage
19-20    relating to property subject to an executory contract for the
19-21    conveyance of real property shall inform the insurer, not later
19-22    than the 10th day after the date the coverage is obtained or the
19-23    contract executed, whichever is later, of:
19-24                (1)  the executory contract for conveyance and the term
19-25    of the contract; and
19-26                (2)  the name and address of the other party to the
 20-1    contract.
 20-2          (b)  An insurer who disburses proceeds under an insurance
 20-3    policy, binder, or other coverage relating to property that has
 20-4    been damaged shall issue the proceeds jointly to the purchaser and
 20-5    the seller designated in the contract.
 20-6          (c)  If proceeds under an insurance policy, binder, or other
 20-7    coverage are disbursed, the purchaser and seller shall ensure that
 20-8    the proceeds are used to repair, remedy, or improve the condition
 20-9    on the property.
20-10          (d)  The failure of a seller or purchaser to comply with
20-11    Subsection (c) is a false, misleading, or deceptive act or practice
20-12    within the meaning of Section 17.46, Business & Commerce Code, and
20-13    is actionable in a public or private suit brought under Subchapter
20-14    E, Chapter 17, Business & Commerce Code.
20-15          (e)  Subsection (d) does not limit either party's remedy for
20-16    other false, misleading, or deceptive acts or practices actionable
20-17    in a suit brought under Subchapter E, Chapter 17, Business &
20-18    Commerce Code.
20-19          Sec. 5.079 [5.102].  TITLE TRANSFER.  (a)  The seller shall
20-20    transfer recorded, legal title of the property covered by the
20-21    executory contract to the purchaser not later than the 30th day
20-22    after the date the seller receives the purchaser's final payment
20-23    due under the contract.
20-24          (b)  A seller who violates Subsection (a) is liable to the
20-25    purchaser for [subject to a penalty of]:
20-26                (1)  liquidated damages in the amount of:
 21-1                      (A)  $250 a day for each day the seller fails to
 21-2    transfer the title to the purchaser during the period that begins
 21-3    the 31st day and ends the 90th day after the date the seller
 21-4    receives the purchaser's final payment due under the contract; and
 21-5                      (B) [(2)]  $500 a day for each day the seller
 21-6    fails to transfer title to the purchaser after the 90th day after
 21-7    the date the seller receives the purchaser's final payment due
 21-8    under the contract; and
 21-9                (2)  reasonable attorney's fees.
21-10          (c)  If a person to whom a seller's property interest passes
21-11    by will or intestate succession is required to obtain a court order
21-12    to clarify the person's status as an heir or to clarify the status
21-13    of the seller or the property before the person may convey good and
21-14    indefeasible title to the property, the court in which the action
21-15    is pending may waive payment of the liquidated damages and
21-16    attorney's fees under Subsection (b) if the court finds that the
21-17    person is pursuing the action to establish good and indefeasible
21-18    title with reasonable diligence.
21-19          (d) [(c)]  In this section, "seller" includes a successor,
21-20    assignee, personal representative, executor, or administrator of
21-21    the seller.
21-22          Sec. 5.080 [5.103].  LIABILITY FOR DISCLOSURES.  For purposes
21-23    of this subchapter, a disclosure required by this subchapter that
21-24    is made by a seller's agent is a disclosure made by the seller.
21-25          SECTION 2.  The following are repealed:
21-26                (1)  the heading to Subchapter E, Chapter 5, Property
 22-1    Code; and
 22-2                (2)  Section 5.092, Property Code.
 22-3          SECTION 3.  (a)  This Act takes effect September 1, 2001.
 22-4          (b)  The changes in law made by Sections 5.063, 5.064, 5.065,
 22-5    and 5.066, Property Code, as amended and redesignated by this Act,
 22-6    apply only to a purchaser who defaults under Subchapter D, Chapter
 22-7    5, Property Code, as amended by this Act, on or after September 1,
 22-8    2001, regardless of when the contract was entered into.  A
 22-9    purchaser who is in default before September 1, 2001, is covered by
22-10    the law in effect when the default occurred, and the former law is
22-11    continued in effect for that purpose.
22-12          (c)  The changes in law made by Sections 5.068 and 5.069,
22-13    Property Code, as amended and redesignated by this Act, and Section
22-14    5.070, Property Code, as added by this Act, apply only to
22-15    transactions involving executory contracts for conveyance for which
22-16    negotiations begin on or after September 1, 2001.  For purposes of
22-17    this subsection, negotiations begin on the date an offer to enter
22-18    into an executory contract for conveyance is made.  Transactions
22-19    involving executory contracts for conveyance for which negotiations
22-20    begin before September 1, 2001, are covered by the law in effect
22-21    when the negotiations began, and the former law is continued in
22-22    effect for that purpose.
22-23          (d)  The change in law made by the amendment of Section 5.091
22-24    and the repeal of Section 5.092, Property Code, by this Act and the
22-25    application of Section 5.071, Property Code, as amended and
22-26    redesignated by this Act, and Section 5.080, Property Code, as
 23-1    redesignated by this Act, applies only to transactions involving
 23-2    executory contracts for conveyance for which negotiations begin on
 23-3    or after September 1, 2001.  For purposes of this subsection,
 23-4    negotiations begin on the date an offer to enter into an executory
 23-5    contract for conveyance is made.
 23-6          (e)  The change in law made by the amendment of Section 5.091
 23-7    and the repeal of Section 5.092, Property Code, by this Act and the
 23-8    application of Section 5.072, Property Code, as added by this Act,
 23-9    Section 5.074, Property Code, as redesignated by this Act, and
23-10    Sections 5.073 and 5.076, Property Code, as amended and
23-11    redesignated by this Act, applies only to a contract entered into
23-12    on or after September 1, 2001.
23-13          (f)  The change in law made by the amendment of Section 5.091
23-14    and the repeal of Section 5.092, Property Code, by this Act and the
23-15    application of Section 5.075, Property Code, as amended and
23-16    redesignated by this Act, applies to a purchaser on or after
23-17    September 1, 2001, who accrues interest as provided by that section
23-18    regardless of when the interest accrued.
23-19          (g)  The changes in law made by the amendment of Section
23-20    5.091 and the repeal of Section 5.092, Property Code, by this Act
23-21    and the application of Subsections (a) and (b), Section 5.077,
23-22    Property Code, as amended and redesignated by this Act, and
23-23    Subsection (a), Section 5.079, Property Code, as redesignated by
23-24    this Act, apply to  an executory contract on or after September 1,
23-25    2001, regardless of when the contract was entered into.
23-26          (h)  The change in law made by Subsection (c), Section 5.077,
 24-1    and Subsection (b), Section 5.079, Property Code, as amended and
 24-2    redesignated by this Act, applies only to a violation that occurs
 24-3    on or after September 1, 2001.  A violation that occurs before
 24-4    September 1, 2001, is covered by the law in effect when the
 24-5    violation occurred, and the former law is continued in effect for
 24-6    that purpose.
 24-7          (i)  The change in law made by Section 5.078, Property Code,
 24-8    as added by this Act, applies to an executory contract regardless
 24-9    of when the contract was entered into.  A named insured who
24-10    currently holds an insurance policy binder or other coverage
24-11    relating to property subject to an executory contract shall notify
24-12    the insurer as provided by Subsection (a), Section 5.078, Property
24-13    Code, not later than January 1, 2002.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 198 passed the Senate on
         February 22, 2001, by a viva-voce vote; and that the Senate
         concurred in House amendment on May 18, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 198 passed the House, with
         amendment, on May 11, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor