Texas 2011 - 82nd Regular

Texas House Bill HB1127 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Gutierrez (Senate Sponsor - Van de Putte) H.B. No. 1127
2	2	(In the Senate - Received from the House April 27, 2011;
3	3	May 3, 2011, read first time and referred to Committee on Veteran
4	4	Affairs and Military Installations; May 13, 2011, reported
5	5	adversely, with favorable Committee Substitute by the following
6	6	vote: Yeas 5, Nays 0; May 13, 2011, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR H.B. No. 1127 By: Van de Putte
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to notice of relief available to certain members of the
13	13	military required to be provided in certain real property
14	14	documentation.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Section 24.0051(d), Property Code, is amended to
17	17	read as follows:
18	18	(d) In a suit described by Subsection (c), the citation
19	19	required by Rule 739, Texas Rules of Civil Procedure, must include
20	20	the following notice to the defendant on the first page of the
21	21	citation in English and Spanish and in conspicuous bold print:
22	22	SUIT TO EVICT
23	23	THIS SUIT TO EVICT INVOLVES IMMEDIATE DEADLINES. A TENANT
24	24	WHO IS SERVING ON ACTIVE MILITARY DUTY MAY HAVE SPECIAL RIGHTS OR
25	25	RELIEF RELATED TO THIS SUIT UNDER FEDERAL LAW, INCLUDING THE
26	26	SERVICEMEMBERS CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET
27	27	SEQ.), OR STATE LAW, INCLUDING SECTION 92.017, TEXAS PROPERTY CODE.
28	28	CALL THE STATE BAR OF TEXAS TOLL-FREE AT 1-877-9TEXBAR IF YOU NEED
29	29	HELP LOCATING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE AN
30	30	ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST LEGAL
31	31	ASSISTANCE.
32	32	SECTION 2. Section 51.002, Property Code, is amended by
33	33	adding Subsection (i) to read as follows:
34	34	(i) A notice served on a debtor under this section must
35	35	contain, in addition to any other statements required under this
36	36	section, language substantially similar to the following:
37	37	"Assert and protect your rights as a member of the armed
38	38	forces of the United States. If you are or your spouse is serving on
39	39	active military duty, including active military duty as a member of
40	40	the Texas National Guard or the National Guard of another state or
41	41	as a member of a reserve component of the armed forces of the United
42	42	States, please send written notice of the active duty military
43	43	service to the sender of this notice immediately."
44	44	SECTION 3. Section 209.006(b), Property Code, is amended to
45	45	read as follows:
46	46	(b) The notice must:
47	47	(1) describe the violation or property damage that is
48	48	the basis for the suspension action, charge, or fine and state any
49	49	amount due the association from the owner; and
50	50	(2) inform the owner that the owner:
51	51	(A) is entitled to a reasonable period to cure
52	52	the violation and avoid the fine or suspension unless the owner was
53	53	given notice and a reasonable opportunity to cure a similar
54	54	violation within the preceding six months; [and]
55	55	(B) may request a hearing under Section 209.007
56	56	on or before the 30th day after the date the owner receives the
57	57	notice; and
58	58	(C) may have special rights or relief related to
59	59	the enforcement action under federal law, including the
60	60	Servicemembers Civil Relief Act (50 U.S.C. app. Section 501 et
61	61	seq.), if the owner is serving on active military duty.
62	62	SECTION 4. The change in law made by Section 24.0051,
63	63	Property Code, as amended by this Act, applies only to a suit for
64	64	which notice is required under Chapter 24, Property Code, that is
65	65	filed on or after the effective date of this Act. A suit for which
66	66	notice is required under Chapter 24, Property Code, that is filed
67	67	before the effective date of this Act is governed by the law in
68	68	effect immediately before the effective date of this Act, and that
69	69	law is continued in effect for that purpose.
70	70	SECTION 5. The change in law made by Section 51.002,
71	71	Property Code, as amended by this Act, applies only to a sale for
72	72	which a notice is required under that section on or after the
73	73	effective date of this Act. A sale for which notice is required
74	74	under Section 51.002, Property Code, before the effective date of
75	75	this Act is governed by the law in effect immediately before the
76	76	effective date of this Act, and that law is continued in effect for
77	77	that purpose.
78	78	SECTION 6. The change in law made by Section 209.006,
79	79	Property Code, as amended by this Act, applies only to an
80	80	enforcement action for which a notice is required under that
81	81	section that commences on or after the effective date of this Act.
82	82	An enforcement action for which notice is required under Section
83	83	209.006, Property Code, that commences before the effective date of
84	84	this Act is governed by the law in effect when the enforcement
85	85	action commenced, and that law is continued in effect for that
86	86	purpose.
87	87	SECTION 7. This Act takes effect January 1, 2012.
88	88	* * * * *