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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting nonjudicial foreclosure by a property |
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owners' association on residences owned by certain members of the |
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military. |
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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: "If you are or |
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your spouse is serving on active military duty, including active |
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military duty as a member of the Texas National Guard or the |
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National Guard of another state or as a member of a reserve |
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component of the armed forces of the Unites States, please send |
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written notice of the active duty military service to the sender of |
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this notice immediately." |
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SECTION 2. Section 51.015(a), Property Code, is amended by |
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adding Subdivision (1-a) to read as follows: |
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(1-a) "Assessment" and "regular assessment" have the |
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meanings assigned by Section 209.002. |
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SECTION 3. Section 51.015(b), Property Code, is amended to |
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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 an assessment or regular assessment, |
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on real property or personal property that is a dwelling owned by a |
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military 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 regular assessment as described by |
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Section 51.015, Property Code, as amended by this Act, the |
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effective date of which is on or after the effective date of this |
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Act. A levy of an assessment or regular assessment the effective |
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date of which is before the effective date of this Act is governed |
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by the law as it existed immediately before the effective date of |
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this Act, and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |