81R21287 JAM-D
By: Eiland, Guillen H.B. No. 2450
A BILL TO BE ENTITLED
AN ACT
relating to a determination of home ownership by the Texas
Department of Housing and Community Affairs following a disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 2306, Government Code, is
amended by adding Section 2306.188 to read as follows:
Sec. 2306.188. ESTABLISHING HOME OWNERSHIP IN DISASTER
AREA. (a) An applicant for federally provided financial
assistance administered by the department to repair or rebuild a
home damaged by a natural disaster may establish ownership of the
home through nontraditional documentation of title. The department
shall process an application for that assistance as if the
applicant is the record title holder of the affected real property
if the applicant provides to the department:
(1) on a form prescribed by the department, an
affidavit summarizing the basis on which the applicant claims to be
the holder of record title or, if applicable, a successor in
interest to the holder of record title and stating that:
(A) there is no other person entitled to claim
any ownership interest in the property; or
(B) each person who may be entitled to claim an
ownership interest in the property has given consent to the
application or cannot be located after a reasonable effort; and
(2) other documentation, including tax receipts,
utility bills, or evidence of insurance for the home, that
indicates that the applicant exercised ownership over the property
at the time of the natural disaster.
(b) This section does not establish record ownership or
otherwise alter legal ownership of real property.
(c) The department is not liable to any claimed owner of an
interest in real property for administering financial assistance as
permitted by this section.
SECTION 2. 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, 2009.