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A BILL TO BE ENTITLED
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AN ACT
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relating to service of citation in connection with an application |
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for an expedited court order allowing the foreclosure of a contract |
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lien. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 17.031, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 17.031. EXPEDITED FORECLOSURE PROCEEDINGS. For a |
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power of sale exercised by the filing of an application for an |
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expedited court order allowing the foreclosure of a contract lien |
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under Rule 736, [the] Texas Rules of Civil Procedure [736]: |
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(1) citation must be served on each person who, |
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according to the records of the holder of the debt secured by the |
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lien, is obligated to pay the debt; and |
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(2) [,] service of citation shall be completed in |
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accordance with Rule 736 or 106, Texas Rules of Civil Procedure, or |
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in any other manner provided for petitions under the Texas Rules of |
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Civil Procedure. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for an expedited court order allowing the |
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foreclosure of a contract lien under Rule 736, Texas Rules of Civil |
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Procedure, filed on or after the effective date of this Act. An |
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application filed 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 3. This Act takes effect September 1, 2015. |