79R7751 AJA-D

By:  Zedler                                                       H.B. No. 1715



A BILL TO BE ENTITLED

AN ACT

relating to liquidated damages for violating certain requirements 
relating to executory contracts for the conveyance of certain real 
property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 5.077(c), Property Code, is amended to 
read as follows:  
	(c)  After January 31 of a year in which a statement is 
required under Subsection (a), the purchaser may request in writing 
by registered, certified mail that the seller provide the statement 
required under that subsection.  If the seller does not provide the 
statement to the purchaser on or before the 15th day after the date 
the seller receives the request, the [A] seller [who fails to comply 
with Subsection (a)] is liable to the purchaser for[:
		[(1)]  liquidated damages [in the amount of $250 a day 
for each day after January 31 that the seller fails to provide the 
purchaser with the statement;]  and
		[(2)]  reasonable attorney's fees.  The amount of 
liquidated damages to which the purchaser is entitled is $250 a day 
for each day after the date by which the seller is required by this 
subsection to respond to the purchaser's request that the seller 
fails to respond by providing the statement.
	SECTION 2.  The change in law made by this Act applies only 
to the act of a seller who fails to timely provide an annual 
statement as required by Section 5.077(a), Property Code, on or 
after the effective date of this Act.  The act of a seller who fails 
to timely provide an annual statement as required by Section 
5.077(a), Property Code, before the effective date of this Act is 
covered by the law in effect when the act was committed, and the 
former law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.