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AN ACT
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relating to the regulation of nonjudicial foreclosure on residences |
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owned by certain members of the military, including foreclosure by |
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a property owners' association. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.002, Property Code, is amended by |
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adding Subsection (i) to read as follows: |
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(i) Notice served under Subsection (b)(3) or (d) must state |
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the name and address of the sender of the notice and contain a |
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statement that is conspicuous, printed in boldface or underlined |
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type, and substantially similar to the following: "Assert and |
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protect your rights as a member of the armed forces of the United |
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States. If you are or your spouse is serving on active military |
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duty, including active military duty as a member of the Texas |
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National Guard or the National Guard of another state or as a member |
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of a reserve component of the armed forces of the United States, |
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please send written notice of the active duty military service to |
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the sender of this notice immediately." |
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SECTION 2. Subsection (a), Section 51.015, Property Code, |
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is amended by adding Subdivision (1-a) to read as follows: |
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(1-a) "Assessment" and "assessments" have the |
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meanings assigned by Sections 82.113(a) and 209.002, as applicable. |
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SECTION 3. Subsection (b), Section 51.015, Property Code, |
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is amended to read as follows: |
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(b) This section applies only to an obligation: |
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(1) that is secured by a mortgage, deed of trust, or |
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other contract lien, including a lien securing payment of an |
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assessment or assessments, as applicable, on real property or |
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personal property that is a dwelling owned by a military |
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servicemember; |
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(2) that originates before the date on which the |
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servicemember's active duty military service commences; and |
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(3) for which the servicemember is still obligated. |
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SECTION 4. The changes in law made by this Act apply only to |
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the levy of an assessment or assessments as described by Section |
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51.015, Property Code, as amended by this Act, the effective date of |
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which is on or after the effective date of this Act. A levy of an |
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assessment or assessments the effective date of which is before the |
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effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 101 passed the Senate on |
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March 24, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 101 passed the House on |
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May 19, 2011, by the following vote: Yeas 148, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |