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A BILL TO BE ENTITLED
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AN ACT
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relating to the administrative determination of title to certain |
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timeshare properties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 221, Property Code, is |
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amended by adding Section 221.078 to read as follows: |
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Sec. 221.078. ADMINISTRATIVE REMOVAL OF CLOUD OF TITLE. |
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(a) A purchaser may petition the General Land Office to determine |
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ownership of timeshare property for which the purchaser asserts a |
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developer has issued overlapping timeshare interests. |
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(b) After receipt of the petition, the General Land Office |
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shall provide notice of the hearing by certified mail to any other |
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purchasers of the timeshare property. All costs of providing |
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notice shall be borne by the petitioner. Notice shall be provided |
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not later than the 30th day before the hearing date. If the address |
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or identity of any purchaser is unknown, notice may be provided by |
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publication in a newspaper in the county in which the timeshare |
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property is located once each week for four consecutive weeks, with |
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the final publication occurring not later than the 30th day before |
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the date on which the hearing is scheduled. The publication must |
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contain: |
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(1) a general description of the property involved; |
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(2) the county in which the property is located; |
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(3) the interest of the purchaser whose address or |
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identity is unknown; and |
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(4) the name and address of the petitioning purchaser. |
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(c) After the hearing, the General Land Office shall issue |
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an order determining the timeshare property's title. |
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(d) An order issued under Subsection (c) becomes final and |
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unappealable on the 30th day after the date on which the order is |
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issued unless before that day the petitioning purchaser or another |
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person affected by the order appeals the order to the district court |
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of the county where the timeshare property is located. An appeal |
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under this subsection is by trial de novo. A final order under this |
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section may be recorded. |
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(e) This section applies only to a timeshare property: |
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(1) whose association does not have any active banking |
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accounts with which to conduct association business; |
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(2) whose purchasers have paid no association fees, |
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dues, or charges for at least three years; |
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(3) subject to Chapter 81; and |
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(4) located in a first tier coastal county, as that |
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term is defined in Section 2210.003, Insurance Code. |
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(f) The General Land Office shall adopt rules to implement |
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this section. |
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SECTION 2. The General Land Office shall adopt rules under |
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Section 221.078, Property Code, as added by this Act, as soon as |
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practicable after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |