|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to information required in a notice of sale of real |
|
property under contract lien. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 51.002, Property Code, is amended by |
|
amending Subsection (i) and adding Subsections (j) and (k) to read |
|
as follows: |
|
(i) Notice served on a debtor under this section must state: |
|
(1) the name and address of the sender of the notice; |
|
and |
|
(2) except as provided by Subsection (j), the name, |
|
telephone number, facsimile number, e-mail address, and street |
|
address of: |
|
(A) each substitute trustee authorized to |
|
exercise the power of sale under the deed of trust; or |
|
(B) if a substitute trustee authorized to |
|
exercise the power of sale under the deed of trust has not been |
|
appointed, the trustee authorized to exercise the power of sale |
|
under the deed of trust. |
|
(j) Subsection (i)(2) does not apply to a notice of sale of |
|
real property under contract lien served on a debtor by: |
|
(1) a condominium regime under Chapter 81; |
|
(2) a unit owners' association under Chapter 82; or |
|
(3) a property owners' association under Chapter 209. |
|
(k) In [contain, in] addition to any other statements |
|
required under this section, notice served on a debtor under this |
|
section must contain a statement that is conspicuous, printed in |
|
boldface or underlined type, and substantially similar to the |
|
following: "Assert and protect your rights as a member of the |
|
armed forces of the United States. 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 United States, please send written notice of the |
|
active duty military service to the sender of this notice |
|
immediately." |
|
SECTION 2. The changes in law made by this Act apply only to |
|
a notice of sale given on or after the effective date of this Act. A |
|
notice of sale given before the effective date of this Act is |
|
governed by the law as it existed when the notice was given, and the |
|
former law is continued in effect for that purpose. |
|
SECTION 3. This Act takes effect September 1, 2015. |