BILL ANALYSIS |
C.S.H.B. 2978 |
By: Parker |
Judiciary & Civil Jurisprudence |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
In order to sell property under a contract lien, notice of sale is provided by certified mail to each debtor. Stakeholders have observed that individuals who are served with such notice commonly do not respond to certified mail or cannot be located with a physical address, resulting in the service being returned as undeliverable mail. There is concern that this limitation on method of service causes unnecessary delays to the sale of the property. C.S.H.B. 2978 seeks to address this concern.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 2978 amends the Civil Practice and Remedies Code to establish, for purposes of a power of sale that is exercised by the filing of an application for an expedited court order allowing the foreclosure of a contract lien under the Texas Rules of Civil Procedure, that a citation issued to a person who is a respondent in the expedited order proceeding is considered complete when service is accomplished in accordance with rules of civil procedure relating to such expedited orders or in the manner provided for petitions under the Texas Rules of Civil Procedure. The bill prohibits the Texas Supreme Court from amending or adopting rules in conflict with the bill's provisions.
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EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2013.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 2978 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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