By: Lucio  S.B. No. 781
         (In the Senate - Filed February 20, 2007; March 6, 2007,
  read first time and referred to Committee on International
  Relations and Trade; April 10, 2007, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 5,
  Nays 0; April 10, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 781 By:  Lucio
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to remedies available if a subdivider fails to provide
  water or sewer services in certain subdivisions near an
  international border.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 232.038, Local
  Government Code, is amended to read as follows:
         (a)  Except as provided by Subsection (b), a person who has
  purchased or is purchasing a lot after July 1, 1995, in a
  subdivision for residential purposes that does not have water and
  sewer services as required by this subchapter and is located in an
  economically distressed area, as defined by Section 17.921, Water
  Code, from a subdivider, may bring suit in the district court in
  which the property is located or in a district court in Travis
  County to:
               (1)  declare the sale of the property void, [and]
  require the subdivider to return the purchase price of the
  property,[;] and
               [(2)]  recover from the subdivider:
                     (A)  the market value of any permanent
  improvements the person placed on the property;
                     (B)  actual expenses incurred as a direct result
  of the failure to provide adequate water and sewer facilities;
                     (C)  court costs; and
                     (D)  reasonable attorney's fees; or
               (2)  enjoin a violation or threatened violation of
  Section 232.032, require the subdivider to plat or replat under
  Section 232.040, and recover from the subdivider:
                     (A)  actual expenses incurred as a direct result
  of the failure to provide adequate water and sewer facilities;
                     (B)  court costs; and
                     (C)  reasonable attorney's fees.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
  * * * * *