82R1692 PMO-D
 
  By: Van de Putte S.B. No. 101
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting nonjudicial foreclosure by a property
  owners' association on residences owned by certain members of the
  military.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.002, Property Code, is amended by
  adding Subsection (i) to read as follows:
         (i)  Notice served under Subsection (b)(3) or (d) must state
  the name and address of the sender of the notice and contain a
  statement that is conspicuous, printed in boldface or underlined
  type, and substantially similar to the following: "If you are or
  your spouse is serving on active military duty, including active
  military duty as a member of the Texas National Guard or the
  National Guard of another state or as a member of a reserve
  component of the armed forces of the Unites States, please send
  written notice of the active duty military service to the sender of
  this notice immediately."
         SECTION 2.  Section 51.015(a), Property Code, is amended by
  adding Subdivision (1-a) to read as follows:
               (1-a)  "Assessment" and "regular assessment" have the
  meanings assigned by Section 209.002.
         SECTION 3.  Section 51.015(b), Property Code, is amended  to
  read as follows:
         (b)  This section applies only to an obligation:
               (1)  that is secured by a mortgage, deed of trust, or
  other contract lien, including an assessment or regular assessment,
  on real property or personal property that is a dwelling owned by a
  military servicemember;
               (2)  that originates before the date on which the
  servicemember's active duty military service commences; and
               (3)  for which the servicemember is still obligated.
         SECTION 4.  The changes in law made by this Act apply only to
  the levy of an assessment or regular assessment as described by
  Section 51.015, Property Code, as amended by this Act, the
  effective date of which is on or after the effective date of this
  Act. A levy of an assessment or regular assessment the effective
  date of which is before the effective date of this Act is governed
  by the law as it existed immediately before the effective date of
  this Act, and that law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2011.