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A BILL TO BE ENTITLED
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AN ACT
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relating to proof of ownership of homestead property after a |
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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 418, Government Code, is |
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amended by adding Section 418.198 to read as follows: |
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Sec. 418.198. PROOF OF OWNERSHIP OF HOMESTEAD. (a) In this |
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chapter: |
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(1) "Governmental entity" means an agency of this |
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state or political subdivision of this state or the federal |
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government. |
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(2) "Public benefit" includes federal, state, or local |
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financial assistance. |
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(b) A person may demonstrate ownership of the person's |
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homestead if: |
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(1) the person is applying for a public benefit to |
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improve real property damaged as a result of a natural disaster; and |
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(2) any part of the property is located in an area |
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designated by: |
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(A) an executive order or proclamation issued by |
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the governor under this chapter declaring a state of disaster as a |
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result of a natural disaster, such as a hurricane or tornado; or |
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(B) a declaration of the president of the United |
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States under the Robert T. Stafford Disaster Relief and Emergency |
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Assistance Act (42 U.S.C. Section 5121 et seq.), declaring a major |
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disaster as a result of a natural disaster, such as a hurricane or |
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tornado. |
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(c) A person may demonstrate ownership of the person's |
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homestead by proving that the person was in possession of the real |
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property on the date of the natural disaster that severely damaged |
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or destroyed the real property and: |
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(1) proving that the person is the record title holder |
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of the real property; or |
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(2) providing two or more of the following documents |
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to establish ownership of the property for purposes of this section |
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only: |
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(A) an escrow or title insurance company document |
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relating to the purchase of the property; |
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(B) a mortgage payment book or other mortgage |
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documents that list the person's name and the property's address; |
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(C) a policy of real property insurance showing |
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the person as the named insured and the property as the insured |
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property; |
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(D) an affidavit of heirship; or |
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(E) a property tax bill or receipt showing the |
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person as the party responsible for the assessments and the |
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property as the taxed parcel. |
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(d) A person proving ownership under this section who cannot |
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locate other persons who may have an ownership interest in the |
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person's homestead property: |
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(1) shall publish a notice in a newspaper of general |
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circulation in the county in which the property is located stating |
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that a claim for public benefits, which may be secured by a lien on |
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the property under this section, is being made with a governmental |
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entity; and |
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(2) may accept a public benefit only if, after the 45th |
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day after the date the notice is published, no other person claiming |
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an ownership interest in the homestead property objects to the |
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claim for public benefits under this section. |
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(e) Any debt or other obligation incurred by the person who |
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obtains a public benefit under Subsection (d) to improve the |
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property is secured by a lien on the property to the extent of the |
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value of the improvements made to the property. |
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(f) The validity of a lien under Subsection (e) may be |
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challenged by a person who may have an ownership interest in the |
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homestead property, other than the person who made the claim for |
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public benefits under this section, not later than the first |
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anniversary of the date the notice was published under Subsection |
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(d). |
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SECTION 2. This Act takes effect September 1, 2009. |