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	Amend CSHB 2295 (house committee report) as follows:                         

(1)  On page 6, line 21, strike "Section 401.003(d), Property 	Code, is amended" and substitute "Section 401.003, Property Code, 
is amended by amending Subsections (c) and (d) and adding 
Subsection (e)".
	(2)  On page 6, between lines 22 and 23, insert the 
following:               
	(c)  The term does not include a [any] person who:     
		(1)  has been issued a license by this state or an 
agency of this state to practice a trade or profession related to or 
affiliated with residential construction if the work being done by 
the entity or individual to the home is solely for the purpose for 
which the license was issued;  [or]
		(2)  sells a new home and:                                                    
			(A)  does not construct or supervise or manage the 
construction of the home; and
			(B)  holds a license issued under Chapter 1101, 
Occupations Code, or is exempt from that chapter under Section 
1101.005, Occupations Code;
		(3)  guarantees or co-makes a construction loan and is 
not otherwise a builder under Subsection (a); or
		(4)  constructs or makes improvements to not more than 
one home in a 12-month period.
	(3)  On page 7, between lines 10 and 11, insert the 
following:               
	(e)  The term does not include a federally insured financial 
institution or a subsidiary or affiliate of the institution.
	(4)  On page 35, line 6, strike "Subsection (e)" and 
substitute "Subsections (e) and (f)".
	(5)  On page 36, between lines 10 and 11, insert the 
following:              
	(f)  Notwithstanding Subsections (a) and (b), a builder is 
not required to comply with this subtitle after completing 
construction of a partially completed home owned by a mortgagee or a 
beneficiary under a deed of trust who acquired the partially 
completed home:
		(1)  at a sale conducted under a power of sale under a 
deed of trust or a court-ordered foreclosure; or
		(2)  by a deed in lieu of foreclosure.                                 
	(6)  Add the following appropriately numbered SECTIONS to 
the bill and renumber subsequent SECTIONS of the bill accordingly:
	SECTION ____.  Section 59.011(a), Finance Code, is amended 
to read as follows:
	(a)  For purposes of Chapter 27, Property Code, and Title 16, 
Property Code, a federally insured financial institution, or a 
subsidiary or affiliate of the institution, regulated under this 
code is not a builder.
	SECTION ____.  Sections 5.016(a) and (c), Property Code, as 
added by Chapter 843 (HB 1038), Acts of the 80th Legislature, 
Regular Session, 2007, are amended to read as follows:
	(a)  A seller of residential real property that is exempt 
from Title 16 under Section 401.003(c)(3) or (e) or Section 401.005 
shall give to the purchaser of the property a written notice that 
reads substantially similar to the following:

NOTICE OF NONAPPLICABILITY OF CERTAIN WARRANTIES

AND BUILDING AND PERFORMANCE STANDARDS
	The property that is subject to this contract is exempt from 
Title 16, Property Code, including the provisions of that title 
that provide statutory warranties and building and performance 
standards.
	(c)  This section does not apply to a transfer:                                
		(1)  under a court order or foreclosure sale;                                 
		(2)  by a trustee in bankruptcy;                                              
		(3)  to a mortgagee by a mortgagor or successor in 
interest or to a beneficiary of a deed of trust by a trustor or 
successor in interest;
		(4)  by a mortgagee or a beneficiary under a deed of 
trust who has acquired the land at a sale conducted under a power of 
sale under a deed of trust or a sale under a court-ordered 
foreclosure or has acquired the land by a deed in lieu of 
foreclosure unless the property acquired was a partially completed 
home that was subsequently completed;
		(5)  by a fiduciary in the course of the administration 
of a decedent's estate, guardianship, conservatorship, or trust;
		(6)  from one co-owner to another co-owner of an 
undivided interest in the real property;
		(7)  to a spouse or a person in the lineal line of 
consanguinity of the seller;
		(8)  to or from a governmental entity; or                                     
		(9)  of only a mineral interest, leasehold interest, or 
security interest.