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Amend Floor Amendment No. 63 by Branch as follows:
(1) On page 5, amend proposed Subsection (g) as follows:
Between "purchaser" and "transferee", strike the comma and
insert "or".
Between "transferee" and "to purchase", strike "heir or
devisee".
(2) On page 6, amend proposed Subsection (g) as follows:
Between "form waiver" and ".", insert "unless the transferee
is an heir or devisee".
After "property is sold or transferred.", insert "If a lien
holder acquires a leasehold estate through foreclosure, deed in
lieu of foreclosure, voluntary surrender through bankruptcy,
involuntary surrender through bankruptcy, or any other transfer
that relates to a lien holder's rights, the lien holder is exempt
from this subsection for five years after the date of acquisition of
the leasehold estate. Any subsequent transfer of the leasehold
estate by the lien holder to another party is exempt from this
subsection, and the transferred lease continues in effect for the
remainder of its term."
(3) On page 9, strike proposed Subsection (u), and replace
with new proposed Subsection (u) as follows:
(u) The authority may use the proceeds from the sale of lots
under this section for any authority purpose.
(4) Add the following appropriately ordered Subsection:
( ) The prospective purchaser at closing shall pay any
indebtedness secured by a lien on the property or execute a document
provided by the lien holder that grants the lien holder a lien on
the fee simple estate in the lot that has the same priority as the
lien in the leasehold estate. The prospective purchaser may not
grant a purchase money lien on the fee simple estate in the lot
without the express written consent of the holder of the lien on the
leasehold estate in the lot.
(4) Add a new SECTION ____ as follows:
SECTION ____. (a) Except as provided by Subsection (b) of
this section, Section 221.020, Water Code, as added by this Act,
takes effect September 1, 2007.
(b) Section 221.020(g), Water Code, as added by this Act,
takes effect September 1, 2011.