| |
| |
| |
|
|
AN ACT
|
|
|
relating to notice of water and wastewater requirements for the |
|
|
foreclosure sale of residential properties by certain political |
|
|
subdivisions. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 232.0315, Local |
|
|
Government Code, is amended to read as follows: |
|
|
Sec. 232.0315. NOTICE OF WATER AND WASTEWATER REQUIREMENTS |
|
|
BY POLITICAL SUBDIVISIONS [COUNTIES]. |
|
|
SECTION 2. Sections 232.0315(a) and (b), Local Government |
|
|
Code, are amended to read as follows: |
|
|
(a) This section applies only to a county or other political |
|
|
subdivision located in the county that sells: |
|
|
(1) under Section 34.01, Tax Code, real property |
|
|
presumed to be for residential use under Section 232.022; or |
|
|
(2) under Section 3, Part VI, Texas Rules of Civil |
|
|
Procedure, and Chapter 34, Civil Practice and Remedies Code, real |
|
|
property presumed to be for residential use under Section 232.022, |
|
|
taken by virtue of a writ of execution. |
|
|
(b) A county or other political subdivision located in the |
|
|
county shall include in the public notice of sale of the property |
|
|
and the deed conveying the property a statement substantially |
|
|
similar to the following: |
|
|
"THIS SALE IS BEING CONDUCTED PURSUANT TO STATUTORY OR |
|
|
JUDICIAL REQUIREMENTS. BIDDERS WILL BID ON THE RIGHTS, TITLE, AND |
|
|
INTERESTS, IF ANY, IN THE REAL PROPERTY OFFERED. |
|
|
"THE PROPERTY IS SOLD AS IS, WHERE IS, AND WITHOUT ANY |
|
|
WARRANTY, EITHER EXPRESS OR IMPLIED. NEITHER THE SELLER [COUNTY] |
|
|
NOR THE SHERIFF'S DEPARTMENT WARRANTS OR MAKES ANY REPRESENTATIONS |
|
|
ABOUT THE PROPERTY'S TITLE, CONDITION, HABITABILITY, |
|
|
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BUYERS ASSUME |
|
|
ALL RISKS. |
|
|
"IN SOME SITUATIONS, A LOT OF FIVE ACRES OR LESS IS PRESUMED |
|
|
TO BE INTENDED FOR RESIDENTIAL USE. HOWEVER, IF THE PROPERTY LACKS |
|
|
WATER OR WASTEWATER SERVICE, THE PROPERTY MAY NOT QUALIFY FOR |
|
|
RESIDENTIAL USE. A POTENTIAL BUYER WHO WOULD LIKE MORE INFORMATION |
|
|
SHOULD MAKE ADDITIONAL INQUIRIES OR CONSULT WITH PRIVATE COUNSEL." |
|
|
SECTION 3. Section 34.01(e), Tax Code, is amended to read as |
|
|
follows: |
|
|
(e) A notice of sale under Subsection (c) must substantially |
|
|
comply with this subsection. The notice must include: |
|
|
(1) a statement of the authority under which the sale |
|
|
is to be made; |
|
|
(2) the date, time, and location of the sale; [and] |
|
|
(3) a brief description of the property to be sold; and |
|
|
(4) the statement required by Section 232.0315, Local |
|
|
Government Code, if the real property subject to the sale is located |
|
|
in a county subject to Subchapter B, Chapter 232, of that code and |
|
|
is presumed to be for residential use under Section 232.022 of that |
|
|
code. |
|
|
SECTION 4. The changes in law made by this Act apply only to |
|
|
a sale for which public notice is required on or after the effective |
|
|
date of this Act. A sale for which public notice is required before |
|
|
the effective date of this Act is governed by the law in effect when |
|
|
the public notice was provided, and the former law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 5. This Act takes effect September 1, 2023. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 59 passed the Senate on |
|
|
April 4, 2023, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 59 passed the House on |
|
|
April 28, 2023, by the following vote: Yeas 140, Nays 4, |
|
|
two present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |