78R19403 PAM-D
Suspending limitations on conference committee
jurisdiction, H.B. No. 1493
By: Harris S.R. No. 1015
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 78th
Legislature, Regular Session, 2003, That Senate Rule 12.03 be
suspended in part to enable the conference committee appointed to
resolve the differences on House Bill No. 1493, relating to the
foreclosure of property and the authority of a mortgage servicer to
administer the foreclosure on behalf of a mortgagee, to consider
and take action on the following matter:
Senate Rule 12.03(1) is suspended to permit the committee to
amend text that is not in disagreement in Section 51.009, Property
Code, as added by the bill, by adding the phrase "except as to
warranties of title", so that the section reads as follows:
Sec. 51.009. FORECLOSED PROPERTY SOLD "AS IS." A purchaser
at a sale of real property under Section 51.002:
(1) acquires the foreclosed property "as is" without
any expressed or implied warranties, except as to warranties of
title, and at the purchaser's own risk; and
(2) is not a consumer.
Explanation: The changed text is necessary to clarify that
any warranties of title granted in a foreclosure sale under Section
51.002, Property Code, are valid.