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A BILL TO BE ENTITLED
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AN ACT
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relating to a determination of home ownership by the Texas |
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Department of Housing and Community Affairs following a disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 2306, Government Code, is |
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amended by adding Section 2306.188 to read as follows: |
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Sec. 2306.188. ESTABLISHING HOME OWNERSHIP IN DISASTER |
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AREA. (a) An applicant for federally provided financial |
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assistance administered by the department to repair or rebuild a |
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home damaged by a natural disaster may establish ownership of the |
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home through nontraditional documentation of title. The department |
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shall process an application for that assistance as if the |
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applicant is the record title holder of the affected real property |
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if the applicant provides to the department: |
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(1) on a form prescribed by the department, an |
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affidavit summarizing the basis on which the applicant claims to be |
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the holder of record title or, if applicable, a successor in |
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interest to the holder of record title and stating that: |
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(A) there is no other person entitled to claim |
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any ownership interest in the property; or |
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(B) each person who may be entitled to claim an |
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ownership interest in the property has given consent to the |
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application or cannot be located after a reasonable effort; and |
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(2) other documentation, including tax receipts, |
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utility bills, or evidence of insurance for the home, that |
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indicates that the applicant exercised ownership over the property |
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at the time of the natural disaster. |
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(b) This section does not establish record ownership or |
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otherwise alter legal ownership of real property. |
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(c) The department is not liable to any claimed owner of an |
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interest in real property for administering financial assistance as |
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permitted by this section. |
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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, 2009. |