H.B. No. 4043
AN ACT
relating to notifications to certain purchasers of real property
that may be located in an area subject to a certificate of
convenience and necessity for water or sewer service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.257(c), Water Code, is amended to
read as follows:
(c) This section does not apply to:
(1) a transfer of title under any type of lien
foreclosure;
(2) a transfer of title by deed in cancellation of
indebtedness secured by a lien on the property conveyed;
(3) a transfer of title by reason of a will or probate
proceeding;
(4) a transfer of title to or from a governmental
entity;
(5) a transfer of title to property located within the
corporate limits of a municipality that is served by a municipally
owned utility;
(6) a transfer of title to property that receives
water or sewer service from a utility service provider on the date
the property is transferred;
(7) a transfer of title by a trustee in bankruptcy;
(8) a transfer of title by a mortgagee or beneficiary
under a deed of trust who acquired the property:
(A) at a sale conducted under a power of sale
conferred by a deed of trust or other contract lien;
(B) at a sale under a court judgment foreclosing
a lien; or
(C) by a deed in lieu of foreclosure;
(9) a transfer of title from one co-owner to another
co-owner;
(10) a transfer of title between spouses or to a person
in the lineal line of consanguinity of the transferor; or
(11) a transfer of a mineral interest, leasehold
interest, or security interest.
SECTION 2. The change in law made by this Act applies only
to a proposal to sell or convey real property made on or after the
effective date of this Act. A proposal to sell or convey real
property made before the effective date of this Act is covered by
the law in effect when the proposal was made, 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, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4043 was passed by the House on May 4,
2009, by the following vote: Yeas 142, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4043 was passed by the Senate on May
21, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor