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