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A BILL TO BE ENTITLED
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AN ACT
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relating to remedies available if a subdivider fails to provide |
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water or sewer services in certain subdivisions near an |
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international border. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 232.038(a), Local Government Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsection (b), a person who has |
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purchased or is purchasing a lot after July 1, 1995, in a |
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subdivision for residential purposes that does not have water and |
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sewer services as required by this subchapter and is located in an |
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economically distressed area, as defined by Section 17.921, Water |
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Code, from a subdivider, may bring suit in the district court in |
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which the property is located or in a district court in Travis |
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County to: |
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(1) declare the sale of the property void, [and] |
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require the subdivider to return the purchase price of the |
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property,[;] and |
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[(2)] recover from the subdivider: |
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(A) the market value of any permanent |
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improvements the person placed on the property; |
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(B) two times the actual expenses incurred as a |
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direct result of the failure to provide adequate water and sewer |
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facilities; |
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(C) court costs; and |
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(D) reasonable attorney's fees; or |
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(2) enjoin a violation or threatened violation of |
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Section 232.032, require the subdivider to plat or replat under |
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Section 232.040, and recover from the subdivider: |
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(A) two times the actual expenses incurred as a |
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direct result of the failure to provide adequate water and sewer |
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facilities; |
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(B) court costs; and |
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(C) reasonable attorney's fees. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |