By: Gutierrez (Senate Sponsor - Van de Putte) H.B. No. 1127
(In the Senate - Received from the House April 27, 2011;
May 3, 2011, read first time and referred to Committee on Veteran
Affairs and Military Installations; May 13, 2011, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 5, Nays 0; May 13, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1127 By: Van de Putte
A BILL TO BE ENTITLED
AN ACT
relating to notice of relief available to certain members of the
military required to be provided in certain real property
documentation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 24.0051(d), Property Code, is amended to
read as follows:
(d) In a suit described by Subsection (c), the citation
required by Rule 739, Texas Rules of Civil Procedure, must include
the following notice to the defendant on the first page of the
citation in English and Spanish and in conspicuous bold print:
SUIT TO EVICT
THIS SUIT TO EVICT INVOLVES IMMEDIATE DEADLINES. A TENANT
WHO IS SERVING ON ACTIVE MILITARY DUTY MAY HAVE SPECIAL RIGHTS OR
RELIEF RELATED TO THIS SUIT UNDER FEDERAL LAW, INCLUDING THE
SERVICEMEMBERS CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET
SEQ.), OR STATE LAW, INCLUDING SECTION 92.017, TEXAS PROPERTY CODE.
CALL THE STATE BAR OF TEXAS TOLL-FREE AT 1-877-9TEXBAR IF YOU NEED
HELP LOCATING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE AN
ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST LEGAL
ASSISTANCE.
SECTION 2. Section 51.002, Property Code, is amended by
adding Subsection (i) to read as follows:
(i) A notice served on a debtor under this section must
contain, in addition to any other statements required under this
section, language substantially similar to the following:
"Assert and protect your rights as a member of the armed
forces of the United States. If you are or your spouse is serving on
active military duty, including active military duty as a member of
the Texas National Guard or the National Guard of another state or
as a member of a reserve component of the armed forces of the United
States, please send written notice of the active duty military
service to the sender of this notice immediately."
SECTION 3. Section 209.006(b), Property Code, is amended to
read as follows:
(b) The notice must:
(1) describe the violation or property damage that is
the basis for the suspension action, charge, or fine and state any
amount due the association from the owner; and
(2) inform the owner that the owner:
(A) is entitled to a reasonable period to cure
the violation and avoid the fine or suspension unless the owner was
given notice and a reasonable opportunity to cure a similar
violation within the preceding six months; [and]
(B) may request a hearing under Section 209.007
on or before the 30th day after the date the owner receives the
notice; and
(C) may have special rights or relief related to
the enforcement action under federal law, including the
Servicemembers Civil Relief Act (50 U.S.C. app. Section 501 et
seq.), if the owner is serving on active military duty.
SECTION 4. The change in law made by Section 24.0051,
Property Code, as amended by this Act, applies only to a suit for
which notice is required under Chapter 24, Property Code, that is
filed on or after the effective date of this Act. A suit for which
notice is required under Chapter 24, Property Code, that is filed
before the effective date of this Act is governed by the law in
effect immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
SECTION 5. The change in law made by Section 51.002,
Property Code, as amended by this Act, applies only to a sale for
which a notice is required under that section on or after the
effective date of this Act. A sale for which notice is required
under Section 51.002, Property Code, before the effective date of
this Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 6. The change in law made by Section 209.006,
Property Code, as amended by this Act, applies only to an
enforcement action for which a notice is required under that
section that commences on or after the effective date of this Act.
An enforcement action for which notice is required under Section
209.006, Property Code, that commences before the effective date of
this Act is governed by the law in effect when the enforcement
action commenced, and that law is continued in effect for that
purpose.
SECTION 7. This Act takes effect January 1, 2012.
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