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A BILL TO BE ENTITLED
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AN ACT
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relating to notifications to certain purchasers of real property |
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that may be located in an area subject to a certificate of |
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convenience and necessity for water or sewer service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.257(c), Water Code, is amended to |
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read as follows: |
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(c) This section does not apply to: |
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(1) a transfer of title under any type of lien |
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foreclosure; |
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(2) a transfer of title by deed in cancellation of |
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indebtedness secured by a lien on the property conveyed; |
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(3) a transfer of title by reason of a will or probate |
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proceeding; |
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(4) a transfer of title to or from a governmental |
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entity; |
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(5) a transfer of title to property located within the |
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corporate limits of a municipality that is served by a municipally |
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owned utility; |
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(6) a transfer of title to property that receives |
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water or sewer service from a utility service provider on the date |
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the property is transferred; |
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(7) a transfer of title by a trustee in bankruptcy; |
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(8) a transfer of title by a mortgagee or beneficiary |
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under a deed of trust who acquired the property: |
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(A) at a sale conducted under a power of sale |
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conferred by a deed of trust or other contract lien; |
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(B) at a sale under a court judgment foreclosing |
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a lien; or |
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(C) by a deed in lieu of foreclosure; |
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(9) a transfer of title from one co-owner to another |
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co-owner; |
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(10) a transfer of title between spouses or to a person |
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in the lineal line of consanguinity of the transferor; or |
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(11) a transfer of a mineral interest, leasehold |
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interest, or security interest. |
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SECTION 2. The change in law made by this Act applies only |
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to a proposal to sell or convey real property made on or after the |
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effective date of this Act. A proposal to sell or convey real |
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property made before the effective date of this Act is covered by |
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the law in effect when the proposal was made, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. 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. |
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