| |
| |
| |
|
|
AN ACT
|
|
|
relating to notifications to certain purchasers of real property |
|
|
that may be located in an area subject to a certificate of |
|
|
convenience and necessity for water or sewer service. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 13.257(c), Water Code, is amended to |
|
|
read as follows: |
|
|
(c) This section does not apply to: |
|
|
(1) a transfer of title under any type of lien |
|
|
foreclosure; |
|
|
(2) a transfer of title by deed in cancellation of |
|
|
indebtedness secured by a lien on the property conveyed; |
|
|
(3) a transfer of title by reason of a will or probate |
|
|
proceeding; |
|
|
(4) a transfer of title to or from a governmental |
|
|
entity; |
|
|
(5) a transfer of title to property located within the |
|
|
corporate limits of a municipality that is served by a municipally |
|
|
owned utility; |
|
|
(6) a transfer of title to property that receives |
|
|
water or sewer service from a utility service provider on the date |
|
|
the property is transferred; |
|
|
(7) a transfer of title by a trustee in bankruptcy; |
|
|
(8) a transfer of title by a mortgagee or beneficiary |
|
|
under a deed of trust who acquired the property: |
|
|
(A) at a sale conducted under a power of sale |
|
|
conferred by a deed of trust or other contract lien; |
|
|
(B) at a sale under a court judgment foreclosing |
|
|
a lien; or |
|
|
(C) by a deed in lieu of foreclosure; |
|
|
(9) a transfer of title from one co-owner to another |
|
|
co-owner; |
|
|
(10) a transfer of title between spouses or to a person |
|
|
in the lineal line of consanguinity of the transferor; or |
|
|
(11) a transfer of a mineral interest, leasehold |
|
|
interest, or security interest. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a proposal to sell or convey real property made on or after the |
|
|
effective date of this Act. A proposal to sell or convey real |
|
|
property made before the effective date of this Act is covered by |
|
|
the law in effect when the proposal was made, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2009. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 4043 was passed by the House on May 4, |
|
|
2009, by the following vote: Yeas 142, Nays 0, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 4043 was passed by the Senate on May |
|
|
21, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |