1-1     By:  Moncrief                                          S.B. No. 198
 1-2           (In the Senate - Filed January 8, 2001; January 11, 2001,
 1-3     read first time and referred to Committee on Intergovernmental
 1-4     Relations; February 15, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 7, Nays 0;
 1-6     February 15, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 198                     By:  Cain
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to executory contracts for the conveyance of real
1-11     property.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapters D and E, Chapter 5, Property Code,
1-14     are amended to consolidate the subchapters by amending and
1-15     redesignating Section 5.065 as Section 5.061, amending and
1-16     redesignating Section 5.091 as Section 5.062, amending and
1-17     redesignating Section 5.062 as Section 5.063, amending and
1-18     redesignating Section 5.061 as Section 5.064, amending and
1-19     redesignating Section 5.063 as Section 5.065, amending and
1-20     redesignating Section 5.101 as Section 5.066, redesignating Section
1-21     5.064 as Section 5.067, amending and redesignating Section 5.093 as
1-22     Section 5.068, amending and redesignating Section 5.094 as Section
1-23     5.069, adding Section 5.070, amending and redesignating Section
1-24     5.095 as Section 5.071, adding Section 5.072, amending and
1-25     redesignating Section 5.096 as Section 5.073, redesignating Section
1-26     5.097 as Section 5.074, amending and redesignating Section 5.098 as
1-27     Section 5.075, amending and redesignating Section 5.099 as Section
1-28     5.076, amending and redesignating Section 5.100 as Section 5.077,
1-29     adding Section 5.078, amending and redesignating Section 5.102 as
1-30     Section 5.079, and redesignating Section 5.103 as Section 5.080 to
1-31     read as follows:
1-32           Sec. 5.061 [5.065].  DEFINITION [DEFAULT].  In this
1-33     subchapter, "default" means the failure to:
1-34                 (1)  make a timely payment; or
1-35                 (2)  comply with a term of an executory contract.
1-36           Sec. 5.062 [5.091].  APPLICABILITY.  (a)  [This subchapter
1-37     applies only to an executory contract that covers real property
1-38     located in a county that, as determined by the Texas Department of
1-39     Housing and Community Affairs:]
1-40                 [(1)  has a per capita income that averaged 25 percent
1-41     below the state average for the most recent three consecutive years
1-42     for which statistics are available and an unemployment rate that
1-43     averaged 25 percent above the state average for the most recent
1-44     three consecutive years for which statistics are available; and]
1-45                 [(2)  is within 200 miles of an international border.]
1-46           [(b)]  This subchapter applies only to a transaction
1-47     involving an executory contract for conveyance of real property
1-48     used or to be used as the purchaser's residence or as the residence
1-49     of a person related to the purchaser within the second degree by
1-50     consanguinity or affinity, as determined under Chapter 573,
1-51     Government Code.  For purposes of this subchapter, a lot measuring
1-52     one acre or less is presumed to be residential property.
1-53           (b) [(c)]  This subchapter does not apply to a transaction
1-54     involving the sale of state land or a sale of land by the Veterans'
1-55     Land Board under an executory contract.
1-56           (c) [(d)]  This subchapter does not apply to an executory
1-57     contract that provides for the delivery of a deed from the seller
1-58     to the purchaser within 180 days of the date of the final execution
1-59     of the executory contract.
1-60           (d)  Section 5.066 and Sections 5.068-5.080 do not apply to a
1-61     transaction involving an executory contract for conveyance if the
1-62     purchaser of the property:
1-63                 (1)  is related to the seller of the property within
1-64     the second degree by consanguinity or affinity, as determined under
 2-1     Chapter 573, Government Code; and
 2-2                 (2)  has waived the applicability of those sections in
 2-3     a written agreement.
 2-4           Sec. 5.063 [5.062].  NOTICE.  (a)  Notice under Section 5.064
 2-5     [5.061 of this code] must be in writing and[.  If the notice is
 2-6     mailed, it] must be delivered by registered or certified mail,
 2-7     return receipt requested.  The notice must be conspicuous and
 2-8     printed in 14-point boldface type or 14-point uppercase typewritten
 2-9     letters, and must include on a separate page the statement:
2-10                                   NOTICE
2-11           YOU ARE NOT COMPLYING WITH THE TERMS OF THE CONTRACT TO
2-12           BUY YOUR PROPERTY.  UNLESS YOU TAKE THE ACTION
2-13           SPECIFIED IN THIS NOTICE BY (date) THE SELLER HAS THE
2-14           RIGHT TO TAKE POSSESSION OF YOUR PROPERTY.
2-15           (b)  The notice must also:
2-16                 (1)  identify and explain the remedy the seller intends
2-17     to enforce;
2-18                 (2)  if the purchaser has failed to make a timely
2-19     payment, specify:
2-20                       (A)  the delinquent amount, itemized into
2-21     principal and interest;
2-22                       (B)  any additional charges claimed, such as late
2-23     charges or attorney's fees; and
2-24                       (C)  the period to which the delinquency and
2-25     additional charges relate; and
2-26                 (3)  if the purchaser has failed to comply with a term
2-27     of the contract, identify the term violated and the action required
2-28     to cure the violation.
2-29           (c)  Notice by mail is given when it is mailed to the
2-30     purchaser's residence or place of business.  [Notice by other
2-31     writing is given when it is delivered to the purchaser at the
2-32     purchaser's residence or place of business.]  The affidavit of a
2-33     person knowledgeable of the facts to the effect that notice was
2-34     given is prima facie evidence of notice in an action involving a
2-35     subsequent bona fide purchaser for value if the purchaser is not in
2-36     possession of the real property and if the stated time to avoid the
2-37     forfeiture has expired.  A bona fide subsequent purchaser for value
2-38     who relies upon the affidavit under this subsection shall take
2-39     title free and clear of the contract.
2-40           Sec. 5.064 [5.061].  SELLER'S REMEDIES ON DEFAULT [AVOIDANCE
2-41     OF FORFEITURE AND ACCELERATION OR OF RESCISSION].  A seller may
2-42     enforce the remedy of rescission or of forfeiture and acceleration
2-43     against a purchaser in default under an executory contract for
2-44     conveyance of real property [used or to be used as the purchaser's
2-45     residence] only if:
2-46                 (1)  the seller notifies the purchaser of:
2-47                       (A) [(1)]  the seller's intent to enforce a
2-48     remedy under this section; and
2-49                       (B) [(2)]  the purchaser's right to cure the
2-50     default within the 60-day period described by Section 5.065;
2-51                 (2)  the purchaser fails to cure the default within the
2-52     60-day period described by Section 5.065; and
2-53                 (3)  Section 5.066 does not apply [expiration of the
2-54     following periods:]
2-55                       [(A)  if the purchaser has paid less than 10
2-56     percent of the purchase price, 15 days after the date notice is
2-57     given;]
2-58                       [(B)  if the purchaser has paid 10 percent or
2-59     more but less than 20 percent of the purchase price, 30 days after
2-60     the date notice is given; and]
2-61                       [(C)  if the purchaser has paid 20 percent or
2-62     more of the purchase price, 60 days after the date notice is
2-63     given].
2-64           Sec. 5.065 [5.063].  RIGHT TO CURE DEFAULT.  Notwithstanding
2-65     an agreement to the contrary, a purchaser in default under an
2-66     executory contract for the conveyance of real property [used or to
2-67     be used as the purchaser's residence] may[, at any time before
2-68     expiration of the applicable period provided by Section 5.061 of
2-69     this code,] avoid the enforcement of a remedy described by Section
 3-1     5.064 [that section] by complying with the terms of the contract on
 3-2     or before the 60th day after the date notice is given under that
 3-3     section [up to the date of compliance].
 3-4           Sec. 5.066 [5.101].  EQUITY PROTECTION; SALE OF PROPERTY.
 3-5     (a)  If a purchaser defaults after the purchaser has paid 40
 3-6     percent or more of the amount due or the equivalent of 48 monthly
 3-7     payments under the executory contract, the seller is granted the
 3-8     power to sell, through a trustee designated by the seller, the
 3-9     purchaser's interest in the property as provided by this section.
3-10     The seller may not enforce the remedy of rescission or of
3-11     forfeiture and acceleration.
3-12           (b)  The seller shall notify a purchaser of a default under
3-13     the contract and allow the purchaser at least 60 days after the
3-14     date notice is given to cure the default.  The notice must be
3-15     provided as prescribed by Section 5.063 [5.062] except that the
3-16     notice must substitute the following statement:
3-17                                   NOTICE
3-18           YOU ARE NOT COMPLYING WITH THE TERMS OF THE CONTRACT TO
3-19           BUY YOUR PROPERTY.  UNLESS YOU TAKE THE ACTION
3-20           SPECIFIED IN THIS NOTICE BY (date) A TRUSTEE DESIGNATED
3-21           BY THE SELLER HAS THE RIGHT TO SELL YOUR PROPERTY AT A
3-22           PUBLIC AUCTION.
3-23           (c)  The trustee or a substitute trustee designated by the
3-24     seller must post, file, and serve a notice of sale and the county
3-25     clerk shall record and maintain the notice of sale as prescribed by
3-26     Section 51.002.  A notice of sale is not valid unless it is given
3-27     after the period to cure has expired.
3-28           (d)  The trustee or a substitute trustee designated by the
3-29     seller must conduct the sale as prescribed by Section 51.002.  The
3-30     seller must:
3-31                 (1)  convey to a purchaser at a sale conducted under
3-32     this section fee simple title to the real property; and
3-33                 (2)  warrant that the property is free from any
3-34     encumbrance.
3-35           (e)  The remaining balance of the amount due under the
3-36     executory contract is the debt for purposes of a sale under this
3-37     section.  If the proceeds of the sale exceed the debt amount, the
3-38     seller shall disburse the excess funds to the purchaser under the
3-39     executory contract.  If the proceeds of the sale are insufficient
3-40     to extinguish the debt amount, the seller's right to recover the
3-41     resulting deficiency is subject to Sections 51.003, 51.004, and
3-42     51.005 unless a provision of the executory contract releases the
3-43     purchaser under the contract from liability.
3-44           (f)  The affidavit of a person knowledgeable of the facts
3-45     that states that the notice was given and the sale was conducted as
3-46     provided by this section is prima facie evidence of those facts [in
3-47     an action involving a bona fide purchaser at the sale or a
3-48     subsequent bona fide purchaser for value if the purchaser under the
3-49     executory contract is not in possession of the property and if the
3-50     period to cure the default has expired].  A [bona fide] purchaser
3-51     for value who relies on an affidavit under this subsection acquires
3-52     title to the property free and clear of the executory contract.
3-53           (g)  If a purchaser defaults before the purchaser has paid 40
3-54     percent of the amount due or the equivalent of 48 monthly payments
3-55     under the executory contract, the seller may enforce the remedy of
3-56     rescission or of forfeiture and acceleration of the indebtedness if
3-57     the seller complies with the notice requirements of Sections 5.063
3-58     and 5.064 [5.061 and 5.062].
3-59           Sec. 5.067 [5.064].  PLACEMENT OF LIEN FOR UTILITY SERVICE.
3-60     Notwithstanding any terms of a contract to the contrary, the
3-61     placement of a lien for the reasonable value of improvements to
3-62     residential real estate for purposes of providing utility service
3-63     to the property shall not constitute a default under the terms of
3-64     an executory contract for the purchase of the real property.
3-65           Sec. 5.068 [5.093].  FOREIGN [SPANISH] LANGUAGE REQUIREMENT.
3-66     If the negotiations that precede the execution of an executory
3-67     contract are conducted primarily in a language other than English
3-68     [Spanish], the seller shall provide a copy in that language
3-69     [Spanish] of all written documents relating to the transaction,
 4-1     including the contract, disclosure notices [notice], [and] annual
 4-2     accounting statements, [required by this subchapter] and a notice
 4-3     of default required by this subchapter [Subchapter D].
 4-4           Sec. 5.069 [5.094].  SELLER'S DISCLOSURE OF PROPERTY
 4-5     CONDITION.  (a)  Before an executory contract is signed by the
 4-6     purchaser, the seller shall provide the purchaser with:
 4-7                 (1)  a survey, which was completed within the past
 4-8     year, or plat of a current survey of the real property;
 4-9                 (2)  a legible copy of any document that describes an
4-10     encumbrance or other claim, including a restrictive covenant or
4-11     easement, that affects title to the real property; and
4-12                 (3)  a written notice, which must be attached to the
4-13     contract, informing the purchaser of the condition of the property
4-14     that must, at a minimum, be executed by the seller and purchaser
4-15     and read substantially similar to the following:
4-16                                   WARNING
4-17     IF ANY OF THE ITEMS BELOW HAVE NOT BEEN CHECKED, YOU MAY NOT BE
4-18     ABLE TO LIVE ON THE PROPERTY.
4-19                         SELLER'S DISCLOSURE NOTICE
4-20     CONCERNING THE PROPERTY AT (street address or legal description and
4-21     city)
4-22     THIS DOCUMENT STATES CERTAIN APPLICABLE FACTS ABOUT THE PROPERTY
4-23     [LAND] YOU ARE CONSIDERING PURCHASING.
4-24     CHECK ALL THE ITEMS THAT ARE APPLICABLE OR TRUE:
4-25     ____  The property is in a recorded subdivision.
4-26     ____  The property has water service that provides potable water.
4-27     ____  The property has sewer service.
4-28     ____  The property has been approved by the appropriate municipal,
4-29           county, or state agency for installation of a septic system.
4-30     ____  The property has electric service.
4-31     ____  The property is not in a floodplain.
4-32     ____  The roads to the boundaries of the property are paved and
4-33           maintained by:
4-34           ____  the seller;
4-35           ____  the owner of the property on which the road exists;
4-36           ____  the municipality;
4-37           ____  the county; or
4-38           ____  the state.
4-39     ____  No individual or entity other than the seller:
4-40           (1)  owns the property;
4-41           (2)  has a claim of ownership to the property; or
4-42           (3)  has an interest in the property.
4-43     ____  No individual or entity has a lien filed against the
4-44     property.
4-45     [____  There are no back taxes owed on the property.]
4-46     ____  There are no restrictive covenants, easements, or other title
4-47     exceptions or encumbrances that prohibit construction of a house on
4-48     the property.
4-49     NOTICE: SELLER ADVISES PURCHASER TO:
4-50                 (1)  OBTAIN A TITLE ABSTRACT OR TITLE COMMITMENT
4-51     COVERING THE PROPERTY AND HAVE THE ABSTRACT OR COMMITMENT REVIEWED
4-52     BY AN ATTORNEY BEFORE SIGNING A CONTRACT OF THIS TYPE; AND
4-53                 (2)  PURCHASE AN OWNER'S POLICY OF TITLE INSURANCE
4-54     COVERING THE PROPERTY.
4-55     ____________________________           ____________________________
4-56     (Date)                                 (Signature of Seller)
4-57     ____________________________           ____________________________
4-58     (Date)                                 (Signature of Purchaser)
4-59           (b)  If the property is not located in a recorded
4-60     subdivision, the seller shall provide the purchaser with a separate
4-61     disclosure form stating that utilities may not be available to the
4-62     property until the subdivision is recorded as required by law.
4-63           (c)  If the seller advertises property for sale under an
4-64     executory contract, the advertisement must disclose information
4-65     regarding the availability of water, sewer, and electric service.
4-66           (d)  The seller's failure to provide information required by
4-67     this section:
4-68                 (1)  is a false, misleading, or deceptive act or
4-69     practice within the meaning of Section 17.46, Business & Commerce
 5-1     Code, and is actionable in a public or private suit brought under
 5-2     Subchapter E, Chapter 17, Business & Commerce Code; and
 5-3                 (2)  entitles the purchaser to cancel and rescind the
 5-4     executory contract and receive a full refund of all payments made
 5-5     to the seller.
 5-6           (e)  Subsection (d) does not limit the purchaser's remedy
 5-7     against the seller for other false, misleading, or deceptive acts
 5-8     or practices actionable in a suit brought under Subchapter E,
 5-9     Chapter 17, Business & Commerce Code.
5-10           Sec. 5.070.  SELLER'S DISCLOSURE OF TAX PAYMENTS AND
5-11     INSURANCE COVERAGE.  (a)  Before an executory contract is signed by
5-12     the purchaser, the seller shall provide the purchaser with:
5-13                 (1)  a tax certificate from the collector for each
5-14     taxing unit that collects taxes due on the property as provided by
5-15     Section 31.08, Tax Code; and
5-16                 (2)  a legible copy of any insurance policy, binder, or
5-17     other evidence relating to the property that indicates:
5-18                       (A)  the name of the insurer and the insured;
5-19                       (B)  a description of the property insured; and
5-20                       (C)  the amount for which the property is
5-21     insured.
5-22           (b)  The seller's failure to provide information required by
5-23     this section:
5-24                 (1)  is a false, misleading, or deceptive act or
5-25     practice within the meaning of Section 17.46, Business & Commerce
5-26     Code, and is actionable in a public or private suit brought under
5-27     Subchapter E, Chapter 17, Business & Commerce Code; and
5-28                 (2)  entitles the purchaser to cancel and rescind the
5-29     executory contract and receive a full refund of all payments made
5-30     to the seller.
5-31           (c)  Subsection (b) does not limit the purchaser's remedy
5-32     against the seller for other false, misleading, or deceptive acts
5-33     or practices actionable in a suit brought under Subchapter E,
5-34     Chapter 17, Business & Commerce Code.
5-35           Sec. 5.071 [5.095].  SELLER'S DISCLOSURE OF FINANCING TERMS.
5-36     Before an executory contract is signed by the purchaser, the seller
5-37     shall provide to the purchaser a written statement that specifies:
5-38                 (1)  the purchase price of the property;
5-39                 (2)  the interest rate charged under the contract;
5-40                 (3)  the dollar amount, or an estimate of the dollar
5-41     amount if the interest rate is variable, of the interest charged
5-42     for the term of the contract;
5-43                 (4)  the total amount of principal and interest to be
5-44     paid under the contract;
5-45                 (5)  the late charge, if any, that may be assessed
5-46     under the contract; and
5-47                 (6)  the fact that the seller may not charge a
5-48     prepayment penalty or any similar fee if the purchaser elects to
5-49     pay the entire amount due under the contract before the scheduled
5-50     payment date under the contract.
5-51           Sec. 5.072.  ORAL AGREEMENTS PROHIBITED.  (a)  An executory
5-52     contract is not enforceable unless the contract is in writing and
5-53     signed by the party to be bound or by that party's authorized
5-54     representative.
5-55           (b)  The rights and obligations of the parties to a contract
5-56     are determined solely from the written contract, and any prior oral
5-57     agreements between the parties are superseded by and merged into
5-58     the contract.
5-59           (c)  An executory contract may not be varied by any oral
5-60     agreements or discussions that occur before or contemporaneously
5-61     with the execution of the contract.
5-62           (d)  The seller shall include in a separate document or in a
5-63     provision of the contract a statement printed in 14-point boldfaced
5-64     type or 14-point uppercase typewritten letters that reads
5-65     substantially similar to the following:
5-66           THIS EXECUTORY CONTRACT REPRESENTS THE FINAL AGREEMENT
5-67           BETWEEN THE SELLER AND PURCHASER AND MAY NOT BE
5-68           CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR
5-69           SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES.  THERE ARE
 6-1           NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
 6-2           _____________________      ____________________________
 6-3           (Date)                     (Signature of Seller)
 6-4           _____________________      ____________________________
 6-5           (Date)                     (Signature of Purchaser)
 6-6           (e)  The seller's failure to provide the notice required by
 6-7     this section:
 6-8                 (1)  is a false, misleading, or deceptive act or
 6-9     practice within the meaning of Section 17.46, Business & Commerce
6-10     Code, and is actionable in a public or private suit brought under
6-11     Subchapter E, Chapter 17, Business & Commerce Code; and
6-12                 (2)  entitles the purchaser to cancel and rescind the
6-13     executory contract and receive a full refund of all payments made
6-14     to the seller.
6-15           (f)  Subsection (e) does not limit the purchaser's remedy
6-16     against the seller for other false, misleading, or deceptive acts
6-17     or practices actionable in a suit brought under Subchapter E,
6-18     Chapter 17, Business & Commerce Code.
6-19           Sec. 5.073 [5.096].  CONTRACT TERMS PROHIBITED.  A seller may
6-20     not include as a term of the executory contract a provision that:
6-21                 (1)  imposes an additional late-payment fee that
6-22     exceeds the lesser of:
6-23                       (A)  eight percent of the monthly payment under
6-24     the contract; or
6-25                       (B)  the actual administrative cost of processing
6-26     the late payment;
6-27                 (2)  prohibits the purchaser from pledging the
6-28     purchaser's interest in the property as security to obtain a loan
6-29     to place improvements, including utility improvements or fire
6-30     protection improvements, on the property; or
6-31                 (3)  imposes a prepayment penalty or any similar fee if
6-32     the purchaser elects to pay the entire amount due under the
6-33     contract before the scheduled payment date under the contract.
6-34           Sec. 5.074 [5.097].  PURCHASER'S RIGHT TO CANCEL CONTRACT
6-35     WITHOUT CAUSE.  (a)  In addition to other rights or remedies
6-36     provided by law, the purchaser may cancel and rescind an executory
6-37     contract for any reason by sending by telegram or certified or
6-38     registered mail, return receipt requested, or by delivering in
6-39     person a signed, written notice of cancellation to the seller not
6-40     later than the 14th day after the date of the contract.
6-41           (b)  If the purchaser cancels the contract as provided by
6-42     Subsection (a), the seller shall, not later than the 10th day after
6-43     the date the seller receives the purchaser's notice of
6-44     cancellation:
6-45                 (1)  return to the purchaser the executed contract and
6-46     any property exchanged or payments made by the purchaser under the
6-47     contract; and
6-48                 (2)  cancel any security interest arising out of the
6-49     contract.
6-50           (c)  The seller shall include in immediate proximity to the
6-51     space reserved in the executory contract for the purchaser's
6-52     signature a statement printed in 14-point boldface type or 14-point
6-53     uppercase typewritten letters that reads substantially similar to
6-54     the following:
6-55           YOU, THE PURCHASER, MAY CANCEL THIS CONTRACT AT ANY
6-56           TIME DURING THE NEXT TWO WEEKS.  THE DEADLINE FOR
6-57           CANCELING THE CONTRACT IS (date).  THE ATTACHED NOTICE
6-58           OF CANCELLATION EXPLAINS THIS RIGHT.
6-59           (d)  The seller shall provide a notice of cancellation form
6-60     to the purchaser at the time the purchaser signs the executory
6-61     contract that is printed in 14-point boldface type or 14-point
6-62     uppercase typewritten letters and that reads substantially similar
6-63     to the following:
6-64                           NOTICE OF CANCELLATION
6-65           (date of contract)
6-66                 YOU MAY CANCEL THE EXECUTORY CONTRACT FOR ANY
6-67           REASON WITHOUT ANY PENALTY OR OBLIGATION BY (date).
6-68                 (1)  YOU MUST SEND BY TELEGRAM OR CERTIFIED OR
6-69           REGISTERED MAIL, RETURN RECEIPT REQUESTED, OR DELIVER
 7-1           IN PERSON A SIGNED AND DATED COPY OF THIS CANCELLATION
 7-2           NOTICE OR ANY OTHER WRITTEN NOTICE TO (Name of Seller)
 7-3           AT (Seller's Address) BY (date).
 7-4                 (2)  THE SELLER SHALL, NOT LATER THAN THE 10TH
 7-5           DAY AFTER THE DATE THE SELLER RECEIVES YOUR
 7-6           CANCELLATION NOTICE:
 7-7                       (A)  RETURN THE EXECUTED CONTRACT AND ANY
 7-8           PROPERTY EXCHANGED OR PAYMENTS MADE BY YOU UNDER THE
 7-9           CONTRACT; AND
7-10                       (B)  CANCEL ANY SECURITY INTEREST ARISING
7-11           OUT OF THE CONTRACT.
7-12           I ACKNOWLEDGE RECEIPT OF THIS NOTICE OF CANCELLATION
7-13           FORM.
7-14           _________________________       _______________________
7-15           (Date)                          (Purchaser's Signature)
7-16           I HEREBY CANCEL THIS CONTRACT.
7-17           _________________________       _______________________
7-18           (Date)                          (Purchaser's Signature)
7-19           (e)  The seller may not request the purchaser to sign a
7-20     waiver of receipt of the notice of cancellation form required by
7-21     this section.
7-22           Sec. 5.075 [5.098].  PURCHASER'S RIGHT TO PLEDGE INTEREST IN
7-23     PROPERTY ON CONTRACTS ENTERED INTO BEFORE SEPTEMBER 1, 2001 [1995].
7-24     (a)  On an executory contract entered into before September 1, 2001
7-25     [1995], a purchaser may pledge the interest in the property, which
7-26     accrues pursuant to Section 5.066 [5.101], only to obtain a loan
7-27     for improving the safety of the property or any improvements on the
7-28     property.
7-29           (b)  Loans that improve the safety of the property and
7-30     improvements on the property include loans for:
7-31                 (1)  improving or connecting a residence to water
7-32     service;
7-33                 (2)  improving or connecting a residence to a
7-34     wastewater system;
7-35                 (3)  building or improving a septic system;
7-36                 (4)  structural improvements in the residence; and
7-37                 (5)  improved fire protection.
7-38           Sec. 5.076 [5.099].  RECORDING REQUIREMENTS.  (a)  Except as
7-39     provided by Subsection (b), the seller shall record the executory
7-40     contract, including the attached disclosure statement required by
7-41     Section 5.069 [5.094], as prescribed by Title 3 on or before the
7-42     30th day after the date the contract is executed.
7-43           (b)  Section 12.002(c) does not apply to an executory
7-44     contract filed for record under this section.
7-45           (c)  If the executory contract is terminated for any reason,
7-46     the seller shall record the instrument that terminates the
7-47     contract.
7-48           (d)  The county clerk shall collect the filing fee prescribed
7-49     by Section 118.011, Local Government Code.
7-50           Sec. 5.077 [5.100].  ANNUAL ACCOUNTING STATEMENT.  (a)  The
7-51     seller shall provide the purchaser with an annual statement in
7-52     January of each year for the term of the executory contract.  If
7-53     the seller mails the statement to the purchaser, the statement must
7-54     be postmarked not later than January 31.
7-55           (b)  The statement must include the following information:
7-56                 (1)  the amount paid under the contract;
7-57                 (2)  the remaining amount owed under the contract;
7-58                 (3)  the number of payments remaining under the
7-59     contract; [and]
7-60                 (4)  the amounts paid to taxing authorities on the
7-61     purchaser's behalf if collected by the seller;
7-62                 (5)  the amounts paid to insure the property on the
7-63     purchaser's behalf if collected by the seller;
7-64                 (6)  if the property has been damaged and the seller
7-65     has received insurance proceeds, an accounting of the proceeds
7-66     applied to the property; and
7-67                 (7)  if the seller has changed insurance coverage, a
7-68     legible copy of the current policy, binder, or other evidence that
7-69     satisfies the requirements of Section 5.070(a)(2).
 8-1           (c)  A [If the] seller who fails to comply with Subsection
 8-2     (a) is liable to[,] the purchaser for [may]:
 8-3                 (1)  liquidated damages in the amount of $250 a day for
 8-4     each day after January 31 that [notify] the seller fails to provide
 8-5     [that] the purchaser with [has not received] the statement [and
 8-6     will deduct 15 percent of each monthly payment due until the
 8-7     statement is received]; and
 8-8                 (2)  reasonable attorney's fees [not earlier than the
 8-9     25th day after the date the purchaser provides the seller notice
8-10     under this subsection, deduct 15 percent of each monthly payment
8-11     due until the statement is received by the purchaser.]
8-12           [(d)  A purchaser who makes a deduction under Subsection (c)
8-13     is not required to reimburse the seller for the amount deducted].
8-14           Sec. 5.078.  DISPOSITION OF INSURANCE PROCEEDS.  (a)  The
8-15     named insured under an insurance policy, binder, or other coverage
8-16     relating to property subject to an executory contract for the
8-17     conveyance of real property shall inform the insurer, not later
8-18     than the 10th day after the date the coverage is obtained or the
8-19     contract executed, whichever is later, of:
8-20                 (1)  the executory contract for conveyance and the term
8-21     of the contract; and
8-22                 (2)  the name and address of the other party to the
8-23     contract.
8-24           (b)  An insurer who disburses proceeds under an insurance
8-25     policy, binder, or other coverage relating to property that has
8-26     been damaged shall issue the proceeds jointly to the purchaser and
8-27     the seller designated in the contract.
8-28           (c)  If proceeds under an insurance policy, binder, or other
8-29     coverage are disbursed, the purchaser and seller shall ensure that
8-30     the proceeds are used to repair, remedy, or improve the condition
8-31     on the property.
8-32           (d)  The failure of a seller or purchaser to comply with
8-33     Subsection (c) is a false, misleading, or deceptive act or practice
8-34     within the meaning of Section 17.46, Business & Commerce Code, and
8-35     is actionable in a public or private suit brought under Subchapter
8-36     E, Chapter 17, Business & Commerce Code.
8-37           (e)  Subsection (d) does not limit either party's remedy for
8-38     other false, misleading, or deceptive acts or practices actionable
8-39     in a suit brought under Subchapter E, Chapter 17, Business &
8-40     Commerce Code.
8-41           Sec. 5.079 [5.102].  TITLE TRANSFER.  (a)  The seller shall
8-42     transfer recorded, legal title of the property covered by the
8-43     executory contract to the purchaser not later than the 30th day
8-44     after the date the seller receives the purchaser's final payment
8-45     due under the contract.
8-46           (b)  A seller who violates Subsection (a) is liable to the
8-47     purchaser for [subject to a penalty of]:
8-48                 (1)  liquidated damages in the amount of:
8-49                       (A)  $250 a day for each day the seller fails to
8-50     transfer the title to the purchaser during the period that begins
8-51     the 31st day and ends the 90th day after the date the seller
8-52     receives the purchaser's final payment due under the contract; and
8-53                       (B) [(2)]  $500 a day for each day the seller
8-54     fails to transfer title to the purchaser after the 90th day after
8-55     the date the seller receives the purchaser's final payment due
8-56     under the contract; and
8-57                 (2)  reasonable attorney's fees.
8-58           (c)  If a person to whom a seller's property interest passes
8-59     by will or intestate succession is required to obtain a court order
8-60     to clarify the person's status as an heir or to clarify the status
8-61     of the seller or the property before the person may convey good and
8-62     indefeasible title to the property, the court in which the action
8-63     is pending may waive payment of the liquidated damages and
8-64     attorney's fees under Subsection (b) if the court finds that the
8-65     person is pursuing the action to establish good and indefeasible
8-66     title with reasonable diligence.
8-67           (d) [(c)]  In this section, "seller" includes a successor,
8-68     assignee, personal representative, executor, or administrator of
8-69     the seller.
 9-1           Sec. 5.080 [5.103].  LIABILITY FOR DISCLOSURES.  For purposes
 9-2     of this subchapter, a disclosure required by this subchapter that
 9-3     is made by a seller's agent is a disclosure made by the seller.
 9-4           SECTION 2.  The following are repealed:
 9-5                 (1)  the heading to Subchapter E, Chapter 5, Property
 9-6     Code; and
 9-7                 (2)  Section 5.092, Property Code.
 9-8           SECTION 3.  (a)  This Act takes effect September 1, 2001.
 9-9           (b)  The changes in law made by Sections 5.063, 5.064, 5.065,
9-10     and 5.066, Property Code, as amended and redesignated by this Act,
9-11     apply only to a purchaser who defaults under Subchapter D, Chapter
9-12     5, Property Code, as amended by this Act, on or after September 1,
9-13     2001, regardless of when the contract was entered into.  A
9-14     purchaser who is in default before September 1, 2001, is covered by
9-15     the law in effect when the default occurred, and the former law is
9-16     continued in effect for that purpose.
9-17           (c)  The changes in law made by Sections 5.068 and 5.069,
9-18     Property Code, as amended and redesignated by this Act, and Section
9-19     5.070, Property Code, as added by this Act, apply only to
9-20     transactions involving executory contracts for conveyance for which
9-21     negotiations begin on or after September 1, 2001.  For purposes of
9-22     this subsection, negotiations begin on the date an offer to enter
9-23     into an executory contract for conveyance is made.  Transactions
9-24     involving executory contracts for conveyance for which negotiations
9-25     begin before September 1, 2001, are covered by the law in effect
9-26     when the negotiations began, and the former law is continued in
9-27     effect for that purpose.
9-28           (d)  The change in law made by the amendment of Section 5.091
9-29     and the repeal of Section 5.092, Property Code, by this Act and the
9-30     application of Section 5.071, Property Code, as amended and
9-31     redesignated by this Act, and 5.080, Property Code, as redesignated
9-32     by this Act, applies only to transactions involving executory
9-33     contracts for conveyance for which negotiations begin on or after
9-34     September 1, 2001.  For purposes of this subsection, negotiations
9-35     begin on the date an offer to enter into an executory contract for
9-36     conveyance is made.
9-37           (e)  The change in law made by the amendment of Section 5.091
9-38     and the repeal of Section 5.092, Property Code, by this Act and the
9-39     application of Section 5.072, Property Code, as added by this Act,
9-40     Section 5.074, Property Code, as redesignated by this Act, and
9-41     Sections 5.073 and 5.076, Property Code, as amended and
9-42     redesignated by this Act, applies only to a contract entered into
9-43     on or after September 1, 2001.
9-44           (f)  The change in law made by the amendment of Section 5.091
9-45     and the repeal of Section 5.092, Property Code, by this Act and the
9-46     application of Section 5.075, Property Code, as amended and
9-47     redesignated by this Act, applies to a purchaser on or after
9-48     September 1, 2001, who accrues interest as provided by that section
9-49     regardless of when the interest accrued.
9-50           (g)  The changes in law made by the amendment of Section
9-51     5.091 and the repeal of Section 5.092, Property Code, by this Act
9-52     and the application of Subsections (a) and (b), Section 5.077,
9-53     Property Code, as amended and redesignated by this Act, and
9-54     Subsection (a), Section 5.079, Property Code, as redesignated by
9-55     this Act, apply to an executory contract on or after September 1,
9-56     2001, regardless of when the contract was entered into.
9-57           (h)  The change in law made by Subsection (c), Section 5.077,
9-58     and Subsection (b), Section 5.079, Property Code, as amended and
9-59     redesignated by this Act, applies only to a violation that occurs
9-60     on or after September 1, 2001.  A violation that occurs before
9-61     September 1, 2001, is covered by the law in effect when the
9-62     violation occurred, and the former law is continued in effect for
9-63     that purpose.
9-64           (i)  The change in law made by Section 5.078, Property Code,
9-65     as added by this Act, applies to an executory contract regardless
9-66     of when the contract was entered into.  A named insured who
9-67     currently holds an insurance policy binder or other coverage
9-68     relating to property subject to an executory contract shall notify
9-69     the insurer as provided by Subsection (a), Section 5.078, Property
 10-1    Code, not later than January 1, 2002.
 10-2                                 * * * * *