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Amend CSHB 1604 (house committee printing) as follows:

(1) On page 2, line 9, strike "and advertising of any form" and substitute "[~~and~~] advertising of any form, and earnest money contracts".

(2) On page 4, between lines 14 and 15, insert the following:

(d) This section does not apply to an action filed by a private individual.

(3) On page 5, between lines 23 and 24, insert the following:

(e) This section does not apply to an action filed by a private individual.

(4) Add the following appropriately numbered SECTION to the bill and renumber the remaining SECTIONS of the bill accordingly:

SECTION ____. Subchapter B, Chapter 232, Local Government Code, is amended by adding Section 232.045 to read as follows:

Sec. 232.045. EARNEST MONEY CONTRACTS. (a) An earnest money contract entered into under Section 232.033(a-1) must contain the following statement:

"NOTICE: THIS IS AN EARNEST MONEY CONTRACT ONLY. THE MAXIMUM AMOUNT THAT THE SELLER MAY COLLECT UNDER THIS CONTRACT IS $250. THE SELLER MAY NOT DEMAND ANY ADDITIONAL PAYMENT UNTIL A PLAT OF THE SUBDIVISION HAS BEEN APPROVED."

(b) An earnest money contract entered into under Section 232.033(a-1) must contain the notice required by Section 232.033.