By Moncrief                                            S.B. No. 198
         77R2934 PAM-D                           
                                A BILL TO BE ENTITLED
 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, are
 1-6     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
 2-1     subchapter, "default" means the failure to:
 2-2                 (1)  make a timely payment; or
 2-3                 (2)  comply with a term of an executory contract.
 2-4           Sec. 5.062 [5.091].  APPLICABILITY.  (a)  [This subchapter
 2-5     applies only to an executory contract that covers real property
 2-6     located in a county that, as determined by the Texas Department of
 2-7     Housing and Community Affairs:]
 2-8                 [(1)  has a per capita income that averaged 25 percent
 2-9     below the state average for the most recent three consecutive years
2-10     for which statistics are available and an unemployment rate that
2-11     averaged 25 percent above the state average for the most recent
2-12     three consecutive years for which statistics are available; and]
2-13                 [(2)  is within 200 miles of an international border.]
2-14           [(b)]  This subchapter applies only to a transaction
2-15     involving an executory contract for conveyance of real property
2-16     used or to be used as the purchaser's residence.  For purposes of
2-17     this subchapter, a lot measuring one acre or less is presumed to be
2-18     residential property.
2-19           (b) [(c)]  This subchapter does not apply to a transaction
2-20     involving a sale of land by the Veterans' Land Board under an
2-21     executory contract.
2-22           (c) [(d)]  This subchapter does not apply to an executory
2-23     contract that provides for the delivery of a deed from the seller
2-24     to the purchaser within 180 days of the date of the final execution
2-25     of the executory contract.
2-26           Sec. 5.063 [5.062].  NOTICE. (a)  Notice under Section 5.064
2-27     [5.061 of this code] must be in writing and [.  If the notice is
 3-1     mailed, it] must be delivered by registered or certified mail,
 3-2     return receipt requested.  The notice must be conspicuous and
 3-3     printed in 14-point boldface type or 14-point uppercase typewritten
 3-4     letters, and must include on a separate page the statement:
 3-5                                   NOTICE
 3-6           YOU ARE NOT COMPLYING WITH THE TERMS OF THE CONTRACT TO
 3-7           BUY YOUR PROPERTY. UNLESS YOU TAKE THE ACTION SPECIFIED
 3-8           IN THIS NOTICE BY (date) THE SELLER HAS THE RIGHT TO
 3-9           TAKE POSSESSION OF YOUR PROPERTY.
3-10           (b)  The notice must also:
3-11                 (1)  identify and explain the remedy the seller intends
3-12     to enforce;
3-13                 (2)  if the purchaser has failed to make a timely
3-14     payment, specify:
3-15                       (A)  the delinquent amount, itemized into
3-16     principal and interest;
3-17                       (B)  any additional charges claimed, such as late
3-18     charges or attorney's fees; and
3-19                       (C)  the period to which the delinquency and
3-20     additional charges relate; and
3-21                 (3)  if the purchaser has failed to comply with a term
3-22     of the contract, identify the term violated and the action required
3-23     to cure the violation.
3-24           (c)  Notice by mail is given when it is mailed to the
3-25     purchaser's residence or place of business.  [Notice by other
3-26     writing is given when it is delivered to the purchaser at the
3-27     purchaser's residence or place of business.]  The affidavit of a
 4-1     person knowledgeable of the facts to the effect that notice was
 4-2     given is prima facie evidence of notice in an action involving a
 4-3     subsequent bona fide purchaser for value if the purchaser is not in
 4-4     possession of the real property and if the stated time to avoid the
 4-5     forfeiture has expired.  A bona fide subsequent purchaser for value
 4-6     who relies upon the affidavit under this subsection shall take
 4-7     title free and clear of the contract.
 4-8           Sec. 5.064 [5.061].  SELLER'S REMEDIES ON DEFAULT [AVOIDANCE
 4-9     OF FORFEITURE AND ACCELERATION OR OF RESCISSION]. A seller may
4-10     enforce the remedy of rescission or of forfeiture and acceleration
4-11     against a purchaser in default under an executory contract for
4-12     conveyance of real property used or to be used as the purchaser's
4-13     residence only if:
4-14                 (1)  the seller notifies the purchaser of:
4-15                       (A) [(1)]  the seller's intent to enforce a
4-16     remedy under this section; and
4-17                       (B) [(2)]  the expiration of [the following
4-18     periods:]
4-19                       [(A)  if the purchaser has paid less than 10
4-20     percent of the purchase price, 15 days after the date notice is
4-21     given;]
4-22                       [(B)  if the purchaser has paid 10 percent or
4-23     more but less than 20 percent of the purchase price, 30 days after
4-24     the date notice is given; and]
4-25                       [(C)  if the purchaser has paid 20 percent or
4-26     more of the purchase price,] 60 days after the date notice is
4-27     given;
 5-1                 (2)  the purchaser fails to cure the default within the
 5-2     60-day period described by Subdivision (1); and
 5-3                 (3)  Section 5.066 does not apply.
 5-4           Sec. 5.065 [5.063].  RIGHT TO CURE DEFAULT. Notwithstanding
 5-5     an agreement to the contrary, a purchaser in default under an
 5-6     executory contract for the conveyance of real property used or to
 5-7     be used as the purchaser's residence may[, at any time before
 5-8     expiration of the applicable period provided by Section 5.061 of
 5-9     this code,] avoid the enforcement of a remedy described by that
5-10     section by complying with the terms of the contract on or before
5-11     the 60th day after the date notice is given under Section 5.064 [up
5-12     to the date of compliance].
5-13           Sec. 5.066 [5.101].  EQUITY PROTECTION; SALE OF PROPERTY. (a)
5-14     If a purchaser defaults after the purchaser has paid 40 percent or
5-15     more of the amount due or the equivalent of 48 monthly payments
5-16     under the executory contract, the seller is granted the power to
5-17     sell, through a trustee designated by the seller, the purchaser's
5-18     interest in the property as provided by this section.  The seller
5-19     may not enforce the remedy of rescission or of forfeiture and
5-20     acceleration.
5-21           (b)  The seller shall notify a purchaser of a default under
5-22     the contract and allow the purchaser at least 60 days after the
5-23     date notice is given to cure the default.  The notice must be
5-24     provided as prescribed by Section 5.063 [5.062] except that the
5-25     notice must substitute the following statement:
5-26                                   NOTICE
5-27           YOU ARE NOT COMPLYING WITH THE TERMS OF THE CONTRACT TO
 6-1           BUY YOUR PROPERTY. UNLESS YOU TAKE THE ACTION SPECIFIED
 6-2           IN THIS NOTICE BY (date) A TRUSTEE DESIGNATED BY THE
 6-3           SELLER HAS THE RIGHT TO SELL YOUR PROPERTY AT A PUBLIC
 6-4           AUCTION.
 6-5           (c)  The trustee or a substitute trustee designated by the
 6-6     seller must post, file, and serve a notice of sale and the county
 6-7     clerk shall record and maintain the notice of sale as prescribed by
 6-8     Section 51.002.  A notice of sale is not valid unless it is given
 6-9     after the period to cure has expired.
6-10           (d)  The trustee or a substitute trustee designated by the
6-11     seller must conduct the sale as prescribed by Section 51.002.  The
6-12     seller must:
6-13                 (1)  convey to a purchaser at a sale conducted under
6-14     this section fee simple title to the real property; and
6-15                 (2)  warrant that the property is free from any
6-16     encumbrance.
6-17           (e)  The remaining balance of the amount due under the
6-18     executory contract is the debt for purposes of a sale under this
6-19     section.  If the proceeds of the sale exceed the debt amount, the
6-20     seller shall disburse the excess funds to the purchaser under the
6-21     executory contract.  If the proceeds of the sale are insufficient
6-22     to extinguish the debt amount, the seller's right to recover the
6-23     resulting deficiency is subject to Sections 51.003, 51.004, and
6-24     51.005 unless a provision of the executory contract releases the
6-25     purchaser under the contract from liability.
6-26           (f)  The affidavit of a person knowledgeable of the facts
6-27     that states that the notice was given and the sale was conducted as
 7-1     provided by this section is prima facie evidence of those facts [in
 7-2     an action involving a bona fide purchaser at the sale or a
 7-3     subsequent bona fide purchaser for value if the purchaser under the
 7-4     executory contract is not in possession of the property and if the
 7-5     period to cure the default has expired].  A [bona fide] purchaser
 7-6     for value who relies on an affidavit under this subsection acquires
 7-7     title to the property free and clear of the executory contract.
 7-8           (g)  If a purchaser defaults before the purchaser has paid 40
 7-9     percent of the amount due or the equivalent of 48 monthly payments
7-10     under the executory contract, the seller may enforce the remedy of
7-11     rescission or of forfeiture and acceleration of the indebtedness if
7-12     the seller complies with the notice requirements of Sections 5.063
7-13     and 5.064 [5.061 and 5.062].
7-14           Sec. 5.067 [5.064].  PLACEMENT OF LIEN FOR UTILITY SERVICE.
7-15     Notwithstanding any terms of a contract to the contrary, the
7-16     placement of a lien for the reasonable value of improvements to
7-17     residential real estate for purposes of providing utility service
7-18     to the property shall not constitute a default under the terms of
7-19     an executory contract for the purchase of the real property.
7-20           Sec. 5.068 [5.093].  FOREIGN [SPANISH] LANGUAGE REQUIREMENT.
7-21     If the negotiations that precede the execution of an executory
7-22     contract are conducted primarily in a language other than English
7-23     [Spanish], the seller shall provide a copy in that language
7-24     [Spanish] of all written documents relating to the transaction,
7-25     including the contract, disclosure notices [notice], [and] annual
7-26     accounting statements, [required by this subchapter] and a notice
7-27     of default required by this subchapter [Subchapter D].
 8-1           Sec. 5.069 [5.094].  SELLER'S DISCLOSURE OF PROPERTY
 8-2     CONDITION. (a)  Before an executory contract is signed by the
 8-3     purchaser, the seller shall provide the purchaser with:
 8-4                 (1)  a survey, which was completed within the past
 8-5     year, or plat of a current survey of the real property;
 8-6                 (2)  a legible copy of any document that describes an
 8-7     encumbrance or other claim, including a restrictive covenant or
 8-8     easement, that affects title to the real property; and
 8-9                 (3)  a written notice, which must be attached to the
8-10     contract, informing the purchaser of the condition of the property
8-11     that must, at a minimum, be executed by the seller and purchaser
8-12     and read substantially similar to the following:
8-13                                   WARNING
8-14     IF ANY OF THE ITEMS BELOW HAVE NOT BEEN CHECKED, YOU MAY NOT BE
8-15     ABLE TO LIVE ON THE PROPERTY.
8-16                         SELLER'S DISCLOSURE NOTICE
8-17     CONCERNING THE PROPERTY AT (street address or legal description and
8-18     city)
8-19     THIS DOCUMENT STATES CERTAIN APPLICABLE FACTS ABOUT THE PROPERTY
8-20     [LAND] YOU ARE CONSIDERING PURCHASING.
8-21     CHECK ALL THE ITEMS THAT ARE APPLICABLE OR TRUE:
8-22     ____  The property is in a recorded subdivision.
8-23     ____  The property has water service that provides potable water.
8-24     ____  The property has sewer service.
8-25     ____  The property has been approved by the appropriate municipal,
8-26           county, or state agency for installation of a septic system.
8-27     ____  The property has electric service.
 9-1     ____  The property is not in a floodplain.
 9-2     ____  The roads to the boundaries of the property are paved and
 9-3           maintained by:
 9-4           ____  the seller;
 9-5           ____  the owner of the property on which the road exists;
 9-6           ____  the municipality;
 9-7           ____  the county; or
 9-8           ____  the state.
 9-9     ____  No individual or entity other than the seller:
9-10           (1)  owns the property;
9-11           (2)  has a claim of ownership to the property; or
9-12           (3)  has an interest in the property.
9-13     ____  No individual or entity has a lien filed against the
9-14     property.
9-15     [____  There are no back taxes owed on the property.]
9-16     ____  There are no restrictive covenants, easements, or other title
9-17     exceptions or encumbrances that prohibit construction of a house on
9-18     the property.
9-19     NOTICE: SELLER ADVISES PURCHASER TO:
9-20           (1)  OBTAIN A TITLE ABSTRACT OR TITLE COMMITMENT COVERING THE
9-21     PROPERTY AND HAVE THE ABSTRACT OR COMMITMENT REVIEWED BY AN
9-22     ATTORNEY BEFORE SIGNING A CONTRACT OF THIS TYPE; AND
9-23           (2)  PURCHASE AN OWNER'S POLICY OF TITLE INSURANCE COVERING
9-24     THE PROPERTY.
9-25     ____________________________           ____________________________
9-26     (Date)                                 (Signature of Seller)
9-27                                                                 
 10-1    ____________________________           ____________________________
 10-2    (Date)                                 (Signature of Purchaser)
 10-3          (b)  If the property is not located in a recorded
 10-4    subdivision, the seller shall provide the purchaser with a separate
 10-5    disclosure form stating that utilities may not be available to the
 10-6    property until the subdivision is recorded as required by law.
 10-7          (c)  If the seller advertises property for sale under an
 10-8    executory contract, the advertisement must disclose information
 10-9    regarding the availability of water, sewer, and electric service.
10-10          (d)  The seller's failure to provide information required by
10-11    this section:
10-12                (1)  is a false, misleading, or deceptive act or
10-13    practice within the meaning of Section 17.46, Business & Commerce
10-14    Code, and is actionable in a public or private suit brought under
10-15    Subchapter E, Chapter 17, Business & Commerce Code; and
10-16                (2)  entitles the purchaser to cancel and rescind the
10-17    executory contract and receive a full refund of all payments made
10-18    to the seller.
10-19          (e)  Subsection (d) does not limit the purchaser's remedy
10-20    against the seller for other false, misleading, or deceptive acts
10-21    or practices actionable in a suit brought under Subchapter E,
10-22    Chapter 17, Business & Commerce Code.
10-23          Sec. 5.070.  SELLER'S DISCLOSURE OF TAX PAYMENTS AND
10-24    INSURANCE COVERAGE. (a)  Before an executory contract is signed by
10-25    the purchaser, the seller shall provide the purchaser with:
10-26                (1)  a tax certificate from the collector for each
10-27    taxing unit that collects taxes due on the property as provided by
 11-1    Section 31.08, Tax Code; and
 11-2                (2)  a legible copy of any insurance policy, binder, or
 11-3    other evidence relating to the property that indicates:
 11-4                      (A)  the name of the insurer;
 11-5                      (B)  a description of the property insured; and
 11-6                      (C)  the amount for which the property is
 11-7    insured.
 11-8          (b)  The seller's failure to provide information required by
 11-9    this section:
11-10                (1)  is a false, misleading, or deceptive act or
11-11    practice within the meaning of Section 17.46, Business & Commerce
11-12    Code, and is actionable in a public or private suit brought under
11-13    Subchapter E, Chapter 17, Business & Commerce Code; and
11-14                (2)  entitles the purchaser to cancel and rescind the
11-15    executory contract and receive a full refund of all payments made
11-16    to the seller.
11-17          (c)  Subsection (b) does not limit the purchaser's remedy
11-18    against the seller for other false, misleading, or deceptive acts
11-19    or practices actionable in a suit brought under Subchapter E,
11-20    Chapter 17, Business & Commerce Code.
11-21          Sec. 5.071 [5.095].  SELLER'S DISCLOSURE OF FINANCING TERMS.
11-22    Before an executory contract is signed by the purchaser, the seller
11-23    shall provide to the purchaser a written statement that specifies:
11-24                (1)  the purchase price of the property;
11-25                (2)  the interest rate charged under the contract;
11-26                (3)  the dollar amount, or an estimate of the dollar
11-27    amount if the interest rate is variable, of the interest charged
 12-1    for the term of the contract;
 12-2                (4)  the total amount of principal and interest to be
 12-3    paid under the contract;
 12-4                (5)  the late charge, if any, that may be assessed
 12-5    under the contract; and
 12-6                (6)  the fact that the seller may not charge a
 12-7    prepayment penalty or any similar fee if the purchaser elects to
 12-8    pay the entire amount due under the contract before the scheduled
 12-9    payment date under the contract.
12-10          Sec. 5.072.  ORAL AGREEMENTS PROHIBITED. (a)  An executory
12-11    contract is not enforceable unless the contract is in writing and
12-12    signed by the party to be bound or by that party's authorized
12-13    representative.
12-14          (b)  The rights and obligations of the parties to a contract
12-15    are determined solely from the written contract, and any prior oral
12-16    agreements between the parties are superseded by and merged into
12-17    the contract.
12-18          (c)  An executory contract may not be varied by any oral
12-19    agreements or discussions that occur before or contemporaneously
12-20    with the execution of the contract.
12-21          (d)  The seller shall include in a separate document or in a
12-22    provision of the contract a statement printed in 14-point boldfaced
12-23    type or 14-point uppercase typewritten letters that reads
12-24    substantially similar to the following:
12-25          THIS EXECUTORY CONTRACT REPRESENTS THE FINAL AGREEMENT
12-26          BETWEEN THE SELLER AND PURCHASER AND MAY NOT BE
12-27          CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR
 13-1          SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO
 13-2          UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
 13-3          _____________________      ____________________________
 13-4          (Date)                     (Signature of Seller)
 13-5          _____________________      ____________________________
 13-6          (Date)                     (Signature of Purchaser)
 13-7          (e)  The seller's failure to provide the notice required by
 13-8    this section:
 13-9                (1)  is a false, misleading, or deceptive act or
13-10    practice within the meaning of Section 17.46, Business & Commerce
13-11    Code, and is actionable in a public or private suit brought under
13-12    Subchapter E, Chapter 17, Business & Commerce Code; and
13-13                (2)  entitles the purchaser to cancel and rescind the
13-14    executory contract and receive a full refund of all payments made
13-15    to the seller.
13-16          (f)  Subsection (e) does not limit the purchaser's remedy
13-17    against the seller for other false, misleading, or deceptive acts
13-18    or practices actionable in a suit brought under Subchapter E,
13-19    Chapter 17, Business & Commerce Code.
13-20          Sec. 5.073 [5.096].  CONTRACT TERMS PROHIBITED. A seller may
13-21    not include as a term of the executory contract a provision that:
13-22                (1)  imposes an additional late-payment fee that
13-23    exceeds the lesser of:
13-24                      (A)  eight percent of the monthly payment under
13-25    the contract; or
13-26                      (B)  the actual administrative cost of processing
13-27    the late payment;
 14-1                (2)  prohibits the purchaser from pledging the
 14-2    purchaser's interest in the property as security to obtain a loan
 14-3    to place improvements, including utility improvements or fire
 14-4    protection improvements, on the property; or
 14-5                (3)  imposes a prepayment penalty or any similar fee if
 14-6    the purchaser elects to pay the entire amount due under the
 14-7    contract before the scheduled payment date under the contract.
 14-8          Sec. 5.074 [5.097].  PURCHASER'S RIGHT TO CANCEL CONTRACT
 14-9    WITHOUT CAUSE. (a)  In addition to other rights or remedies
14-10    provided by law, the purchaser may cancel and rescind an executory
14-11    contract for any reason by sending by telegram or certified or
14-12    registered mail, return receipt requested, or by delivering in
14-13    person a signed, written notice of cancellation to the seller not
14-14    later than the 14th day after the date of the contract.
14-15          (b)  If the purchaser cancels the contract as provided by
14-16    Subsection (a), the seller shall, not later than the 10th day after
14-17    the date the seller receives the purchaser's notice of
14-18    cancellation:
14-19                (1)  return to the purchaser the executed contract and
14-20    any property exchanged or payments made by the purchaser under the
14-21    contract; and
14-22                (2)  cancel any security interest arising out of the
14-23    contract.
14-24          (c)  The seller shall include in immediate proximity to the
14-25    space reserved in the executory contract for the purchaser's
14-26    signature a statement printed in 14-point boldface type or 14-point
14-27    uppercase typewritten letters that reads substantially similar to
 15-1    the following:
 15-2          YOU, THE PURCHASER, MAY CANCEL THIS CONTRACT AT ANY
 15-3          TIME DURING THE NEXT TWO WEEKS. THE DEADLINE FOR
 15-4          CANCELING THE CONTRACT IS (date). THE ATTACHED NOTICE
 15-5          OF CANCELLATION EXPLAINS THIS RIGHT.
 15-6          (d)  The seller shall provide a notice of cancellation form
 15-7    to the purchaser at the time the purchaser signs the executory
 15-8    contract that is printed in 14-point boldface type or 14-point
 15-9    uppercase typewritten letters and that reads substantially similar
15-10    to the following:
15-11                          NOTICE OF CANCELLATION
15-12          (date of contract)
15-13                YOU MAY CANCEL THE EXECUTORY CONTRACT FOR ANY
15-14          REASON WITHOUT ANY PENALTY OR OBLIGATION BY (date).
15-15                (1)  YOU MUST SEND BY TELEGRAM OR CERTIFIED OR
15-16          REGISTERED MAIL, RETURN RECEIPT REQUESTED, OR DELIVER
15-17          IN PERSON A SIGNED AND DATED COPY OF THIS CANCELLATION
15-18          NOTICE OR ANY OTHER WRITTEN NOTICE TO (Name of Seller)
15-19          AT (Seller's Address) BY (date).
15-20                (2)  THE SELLER SHALL, NOT LATER THAN THE 10TH
15-21          DAY AFTER THE DATE THE SELLER RECEIVES YOUR
15-22          CANCELLATION NOTICE:
15-23                (A)  RETURN THE EXECUTED CONTRACT AND ANY
15-24          PROPERTY EXCHANGED OR PAYMENTS MADE BY YOU UNDER THE
15-25          CONTRACT;  AND
15-26                (B)  CANCEL ANY SECURITY INTEREST ARISING OUT OF
15-27          THE CONTRACT.
 16-1                I ACKNOWLEDGE RECEIPT OF THIS NOTICE OF
 16-2          CANCELLATION FORM.
 16-3          _________________________       _______________________
 16-4          (Date)                          (Purchaser's Signature)
 16-5                I HEREBY CANCEL THIS CONTRACT.
 16-6          _________________________       _______________________
 16-7          (Date)                          (Purchaser's Signature)
 16-8          (e)  The seller may not request the purchaser to sign a
 16-9    waiver of receipt of the notice of cancellation form required by
16-10    this section.
16-11          Sec. 5.075 [5.098].  PURCHASER'S RIGHT TO PLEDGE INTEREST IN
16-12    PROPERTY ON CONTRACTS ENTERED INTO BEFORE SEPTEMBER 1, 1995. (a)
16-13    On an executory contract entered into before September 1, 1995, a
16-14    purchaser may pledge the interest in the property, which accrues
16-15    pursuant to Section 5.066 [5.101], only to obtain a loan for
16-16    improving the safety of the property or any improvements on the
16-17    property.
16-18          (b)  Loans that improve the safety of the property and
16-19    improvements on the property include loans for:
16-20                (1)  improving or connecting a residence to water
16-21    service;
16-22                (2)  improving or connecting a residence to a
16-23    wastewater system;
16-24                (3)  building or improving a septic system;
16-25                (4)  structural improvements in the residence; and
16-26                (5)  improved fire protection.
16-27          Sec. 5.076 [5.099].  RECORDING REQUIREMENTS. (a)  Except as
 17-1    provided by Subsection (b), the seller shall record the executory
 17-2    contract, including the attached disclosure statement required by
 17-3    Section 5.069 [5.094], as prescribed by Title 3 on or before the
 17-4    60th day after the date the contract is executed.
 17-5          (b)  Section 12.002(c) does not apply to an executory
 17-6    contract filed for record under this section.
 17-7          (c)  If the executory contract is terminated for any reason,
 17-8    the seller shall record the instrument that terminates the
 17-9    contract.
17-10          (d)  The county clerk shall collect the filing fee prescribed
17-11    by Section 118.011, Local Government Code.
17-12          Sec. 5.077 [5.100].  ANNUAL ACCOUNTING STATEMENT. (a)  The
17-13    seller shall provide the purchaser with an annual statement in
17-14    January of each year for the term of the executory contract.  If
17-15    the seller mails the statement to the purchaser, the statement must
17-16    be postmarked not later than January 31.
17-17          (b)  The statement must include the following information:
17-18                (1)  the amount paid under the contract;
17-19                (2)  the remaining amount owed under the contract;
17-20                (3)  the number of payments remaining under the
17-21    contract; [and]
17-22                (4)  the amounts paid to taxing authorities on the
17-23    purchaser's behalf if collected by the seller;
17-24                (5)  the amounts paid to insure the property on the
17-25    purchaser's behalf if collected by the seller;
17-26                (6)  if the property has been damaged and the seller
17-27    has received insurance proceeds, an accounting of the proceeds
 18-1    applied to the property; and
 18-2                (7)  if the seller has changed insurance coverage, a
 18-3    legible copy of the current policy, binder, or other evidence that
 18-4    satisfies the requirements of Section 5.070(a)(2).
 18-5          (c)  A [If the] seller who fails to comply with Subsection
 18-6    (a)[,] is liable to the purchaser for [may]:
 18-7                (1)  liquidated damages in the amount of $250 a day for
 18-8    each day after January 31 that [notify] the seller fails to provide
 18-9    [that] the purchaser with [has not received] the statement [and
18-10    will deduct 15 percent of each monthly payment due until the
18-11    statement is received]; and
18-12                (2)  reasonable attorney's fees [not earlier than the
18-13    25th day after the date the purchaser provides the seller notice
18-14    under this subsection, deduct 15 percent of each monthly payment
18-15    due until the statement is received by the purchaser.]
18-16          [(d)  A purchaser who makes a deduction under Subsection (c)
18-17    is not required to reimburse the seller for the amount deducted].
18-18          Sec. 5.078.  DISPOSITION OF INSURANCE PROCEEDS. (a)  The
18-19    named insured under an insurance policy, binder, or other coverage
18-20    relating to property subject to an executory contract for the
18-21    conveyance of real property used or to be used as the purchaser's
18-22    residence shall inform the insurer, not later than the 10th day
18-23    after the date the coverage is obtained or the contract executed,
18-24    whichever is later, of:
18-25                (1)  the executory contract for conveyance and the term
18-26    of the contract; and
18-27                (2)  the name and address of the other party to the
 19-1    contract.
 19-2          (b)  An insurer who disburses proceeds under an insurance
 19-3    policy, binder, or other coverage relating to property that has
 19-4    been damaged shall issue the proceeds jointly to the purchaser and
 19-5    the seller designated in the contract.
 19-6          (c)  If proceeds under an insurance policy, binder, or other
 19-7    coverage are disbursed, the purchaser and seller shall ensure that
 19-8    the proceeds are used to repair or remedy the condition on the
 19-9    property for which the proceeds were disbursed.
19-10          (d)  The seller's failure to comply with Subsection (c):
19-11                (1)  is a false, misleading, or deceptive act or
19-12    practice within the meaning of Section 17.46, Business & Commerce
19-13    Code, and is actionable in a public or private suit brought under
19-14    Subchapter E, Chapter 17, Business & Commerce Code; and
19-15                (2)  entitles the purchaser to cancel and rescind the
19-16    executory contract and receive a full refund of all payments made
19-17    to the seller.
19-18          (e)  The purchaser's failure to comply with Subsection (c):
19-19                (1)  is a false, misleading, or deceptive act or
19-20    practice within the meaning of Section 17.46, Business & Commerce
19-21    Code, and is actionable in a public or private suit brought under
19-22    Subchapter E, Chapter 17, Business & Commerce Code; and
19-23                (2)  entitles the seller to cancel and rescind the
19-24    executory contract and retain all payments made to the seller.
19-25          (f)  Subsections (d) and (e) do not limit either party's
19-26    remedy for other false, misleading, or deceptive acts or practices
19-27    actionable in a suit brought under Subchapter E, Chapter 17,
 20-1    Business & Commerce Code.
 20-2          Sec. 5.079 [5.102].  TITLE TRANSFER. (a)  The seller shall
 20-3    transfer recorded, legal title of the property covered by the
 20-4    executory contract to the purchaser not later than the 30th day
 20-5    after the date the seller receives the purchaser's final payment
 20-6    due under the contract.
 20-7          (b)  A seller who violates Subsection (a)  is liable to the
 20-8    purchaser for [subject to a penalty of]:
 20-9                (1)  liquidated damages in the amount of:
20-10                      (A)  $250 a day for each day the seller fails to
20-11    transfer the title to the purchaser during the period that begins
20-12    the 31st day and ends the 90th day after the date the seller
20-13    receives the purchaser's final payment due under the contract; and
20-14                      (B) [(2)]  $500 a day for each day the seller
20-15    fails to transfer title to the purchaser after the 90th day after
20-16    the date the seller receives the purchaser's final payment due
20-17    under the contract; and
20-18                (2)  reasonable attorney's fees.
20-19          (c)  In this section, "seller" includes a successor,
20-20    assignee, personal representative, executor, or administrator of
20-21    the seller.
20-22          Sec. 5.080 [5.103].  LIABILITY FOR DISCLOSURES. For purposes
20-23    of this subchapter, a disclosure required by this subchapter that
20-24    is made by a seller's agent is a disclosure made by the seller.
20-25          SECTION 2. The following are repealed:
20-26                (1)  the heading to Subchapter E, Chapter 5, Property
20-27    Code; and
 21-1                (2)  Section 5.092, Property Code.
 21-2          SECTION 3. (a)  This Act takes effect September 1, 2001.
 21-3          (b)  The changes in law made by Sections 5.063, 5.064, 5.065,
 21-4    and 5.066, Property Code, as amended and redesignated by this Act,
 21-5    apply only to a purchaser who defaults under Subchapter D, Chapter
 21-6    5, Property Code, as amended by this Act, on or after September 1,
 21-7    2001, regardless of when the contract was entered into.  A
 21-8    purchaser who is in default before September 1, 2001, is covered by
 21-9    the law in effect when the default occurred, and the former law is
21-10    continued in effect for that purpose.
21-11          (c)  The changes in law made by Sections 5.068 and 5.069,
21-12    Property Code, as amended and redesignated by this Act, and Section
21-13    5.070, Property Code, as added by this Act, apply only to
21-14    transactions involving executory contracts for conveyance for which
21-15    negotiations begin on or after September 1, 2001.  For purposes of
21-16    this subsection, negotiations begin on the date an offer to enter
21-17    into an executory contract for conveyance is made.  Transactions
21-18    involving executory contracts for conveyance for which negotiations
21-19    begin before September 1, 2001, are covered by the law in effect
21-20    when the negotiations began, and the former law is continued in
21-21    effect for that purpose.
21-22          (d)  The change in law made by the amendment of Section 5.091
21-23    and the repeal of Section 5.092, Property Code, by this Act and the
21-24    application of Sections 5.071 and 5.073, Property Code, as amended
21-25    and redesignated by this Act, and 5.080, Property Code, as
21-26    redesignated by this Act, applies only to transactions involving
21-27    executory contracts for conveyance for which negotiations begin on
 22-1    or after September 1, 2001.  For purposes of this subsection,
 22-2    negotiations begin on the date an offer to enter into an executory
 22-3    contract for conveyance is made.
 22-4          (e)  The change in law made by the amendment of Section 5.091
 22-5    and the repeal of Section 5.092, Property Code, by this Act and the
 22-6    application of Section 5.072, Property Code, as added by this Act,
 22-7    Section 5.074, Property Code, as redesignated by this Act, and
 22-8    Sections 5.073 and 5.076, Property Code, as amended and
 22-9    redesignated by this Act, applies only to a contract entered into
22-10    on or after September 1, 2001.
22-11          (f)  The change in law made by the amendment of Section 5.091
22-12    and the repeal of Section 5.092, Property Code, by this Act and the
22-13    application of Section 5.075, Property Code, as amended and
22-14    redesignated by this Act, applies to a purchaser on or after
22-15    September 1, 2001, who accrues interest as provided by that section
22-16    regardless of when the interest accrued.
22-17          (g)  The changes in law made by the amendment of Section
22-18    5.091 and the repeal of Section 5.092, Property Code, by this Act
22-19    and the application of Section 5.077, Property Code, as amended and
22-20    redesignated by this Act, and Section 5.079(a), Property Code, as
22-21    redesignated by this Act, apply to  an executory contract on or
22-22    after September 1, 2001, regardless of when the contract was
22-23    entered into.
22-24          (h)  The change in law made by Sections 5.077(c) and
22-25    5.079(b), Property Code, as amended and redesignated by this Act,
22-26    applies only to a violation that occurs on or after September 1,
22-27    2001.  A violation that occurs before September 1, 2001, is covered
 23-1    by the law in effect when the violation occurred, and the former
 23-2    law is continued in effect for that purpose.
 23-3          (i)  The change in law made by Section 5.078, Property Code,
 23-4    as added by this Act, applies to an executory contract regardless
 23-5    of when the contract was entered into.  A named insured who
 23-6    currently holds an insurance policy binder or other coverage
 23-7    relating to property subject to an executory contract shall notify
 23-8    the insurer as provided by Section 5.078(a), Property Code, not
 23-9    later than January 1, 2002.