Amend CSHB 3551 by adding an appropriately numbered Section
____ to read as follows and renumber the subsequent sections
accordingly:
SECTION ____. Section 24.005(b), Property Code, is amended
and Section 24.005(b-1), Property Code, is added to read as
follows:
(b) Except as provided in (b-1), if the occupant is a tenant
at will or by sufferance, the landlord must give the tenant at least
three days' written notice to vacate before the landlord files a
forcible detainer suit unless the parties have contracted for a
shorter or longer notice period in a written lease or agreement.
(b-1) If the property is the residence of the occupant, and
the occupant was an owner of the property prior to a foreclosure
sale of the property, the purchaser must give the occupant at least
14 days' written notice to vacate. If the property [a building] is
purchased at a [tax foreclosure sale or a trustee's] foreclosure
sale under a lien superior to a [the] tenant's lease and the tenant
timely pays rent and is not otherwise in default under the tenant's
lease after foreclosure, the purchaser must give a residential
tenant of the property [building] at least 90 [30] days' written
notice to vacate if the purchaser chooses not to continue or renew
the lease. The tenant is considered to timely pay the rent owed for
the month of the foreclosure sale under this subsection if, during
the month of the foreclosure sale, the tenant pays the rent for that
month to the landlord [before receiving any notice that a
foreclosure sale is scheduled during the month] or pays the rent for
that month to [the foreclosing lienholder or] the purchaser at
foreclosure not later than the fifth day after the date of receipt
of a written notice of the name and address of the purchaser that
requests a payment. Before a foreclosure sale, a foreclosing
lienholder may give written notice to a tenant stating that a
foreclosure notice has been given to the landlord or owner of the
property and specifying the date of the possible foreclosure, and
may provide a warning that the removal of fixtures or the
intentional damage of the property could subject the party to
criminal prosecution.
(b-2) A notice to vacate given to an occupant or tenant
pursuant to subsection (b-1) must state:
(1) the date the property was purchased at a
foreclosure sale;
(2) the name of the owner of the property, and the
contact information for the owner or the owner's agent;
(3) the date that the owner demands the occupant or
tenant vacate the property; and
(4) a statement in underlined or bold print that if a
person was leasing the property prior to the foreclosure, the new
owner of the property may be required to honor any lease still
remaining on the property in some circumstances, otherwise the new
owner is entitled to elect to terminate or fail to renew the lease
and give the tenant a 90 day notice to vacate, and the failure to
vacate the premises by the time stated in the notice may result in
an eviction suit being filed against all occupants.