By: Zaffirini  S.B. No. 59
         (In the Senate - Filed November 14, 2022;
  February 15, 2023, read first time and referred to Committee on
  Local Government; March 29, 2023, reported favorably by the
  following vote:  Yeas 7, Nays 0; March 29, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
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.
 
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