By: Longoria (Senate Sponsor - Parker) H.B. No. 4277

(In the Senate - Received from the House May 8, 2023; May 9, 2023, read first time and referred to Committee on Business & Commerce; May 18, 2023, reported favorably by the following vote: Yeas 10, Nays 0; May 18, 2023, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to the right of a purchaser to terminate a contract of purchase and sale of real property for failure to provide notice that the property is located in a public improvement district.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 5.0141(b), Property Code, is amended to read as follows:

(b) In the event a contract of purchase and sale is entered into without the seller providing the notice, the purchaser is entitled to terminate the contract for any reason, not later than the seventh day after the date the purchaser receives the notice. A purchaser may terminate the contract under this subsection only if the municipality or county filed a copy of the service plan with the county clerk in accordance with Section 372.013, Local Government Code, before the date the contract was entered into.

SECTION 2. Section 5.0141, Property Code, as amended by this Act, applies only to a sale or conveyance of property for which a binding contract is executed on or after the effective date of this Act. A sale or conveyance for which a binding contract is executed before the effective date of this Act is governed by the law in effect on the date the contract is executed, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.

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