82R9605 NC-D
By: McClendon H.B. No. 2829
A BILL TO BE ENTITLED
AN ACT
relating to requiring the disclosure of certain information to
purchasers and renters of residential property in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 5, Property Code, is
amended by adding Section 5.019 to read as follows:
Sec. 5.019. SELLER'S DISCLOSURE OF TAXING AUTHORITIES AND
TERRITORIAL BOUNDARIES IN CERTAIN AREAS. (a) In this section:
(1) "Local government" means a county, municipality,
school district, special district, or other political subdivision
of this state.
(2) "Unincorporated enclave" means an unincorporated
area of a county bounded entirely by:
(A) the incorporated territory and the
extraterritorial jurisdiction of one or more municipalities;
(B) the incorporated territory of one or more
municipalities; or
(C) the extraterritorial jurisdiction of one or
more municipalities.
(b) This section applies only to a county that has a
population of more than 1.5 million and in which more than 75
percent of the population lives in a single municipality.
(c) A seller of residential real property wholly or partly
located in an unincorporated enclave shall provide to the purchaser
of the property a written notice:
(1) listing:
(A) each taxing authority to which the property
is subject; and
(B) each local government in whose territory the
property is located; and
(2) describing the boundaries of the unincorporated
enclave.
(d) The seller shall deliver the notice required under
Subsection (c) to the purchaser before the effective date of an
executory contract binding the purchaser to purchase the
property. The notice may be given separately, as part of the
contract during negotiations, or as part of any other notice the
seller delivers to the purchaser.
(e) This section does not apply to a transfer:
(1) under a court order or foreclosure sale;
(2) by a trustee in bankruptcy;
(3) to a mortgagee by a mortgagor or successor in
interest or to a beneficiary of a deed of trust by a trustor or
successor in interest;
(4) by a mortgagee or a beneficiary under a deed of
trust who has acquired the land at a sale conducted under a power of
sale under a deed of trust or a sale under a court-ordered
foreclosure or has acquired the land by a deed in lieu of
foreclosure;
(5) by a fiduciary in the course of the administration
of a decedent's estate, guardianship, conservatorship, or trust;
(6) from one co-owner to another co-owner of an
undivided interest in the real property;
(7) to a spouse or a person in the lineal line of
consanguinity of the seller;
(8) to or from a governmental entity; or
(9) of only a mineral interest, leasehold interest, or
security interest.
(f) If an executory contract is entered into without the
seller providing the notice required by this section, the purchaser
may terminate the contract for any reason not later than the earlier
of:
(1) the seventh day after the date the purchaser
receives the notice; or
(2) the date the transfer occurs as provided by the
executory contract.
(g) The purchaser's right to terminate the executory
contract under Subsection (f) is the purchaser's exclusive remedy
for the seller's failure to provide the notice required by this
section.
SECTION 2. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.022 to read as follows:
Sec. 92.022. LANDLORD'S DISCLOSURE OF AVAILABILITY OF
MUNICIPAL SERVICES IN CERTAIN AREAS. (a) In this section,
"unincorporated enclave" means an unincorporated area of a county
bounded entirely by:
(1) the incorporated territory and the
extraterritorial jurisdiction of one or more municipalities;
(2) the incorporated territory of one or more
municipalities; or
(3) the extraterritorial jurisdiction of one or more
municipalities.
(b) This section applies only to a county that has a
population of more than 1.5 million and in which more than 75
percent of the population lives in a single municipality.
(c) A landlord who leases property located partly in an
unincorporated enclave shall provide to a proposed tenant of the
property a written notice indicating that:
(1) regardless of whether the property has an address
including the name and zip code of a municipality, the leased
property is not wholly located within the incorporated territory of
a municipality; and
(2) municipal services may not be available.
(d) A landlord who leases property located wholly in an
unincorporated enclave shall provide to a proposed tenant of the
property a written notice indicating that:
(1) regardless of whether the property has an address
including the name and zip code of a municipality, the leased
property is wholly located outside the incorporated territory of a
municipality; and
(2) municipal services may not be available.
(e) The landlord shall deliver the notice required under
Subsection (c) or (d) to the proposed tenant before the effective
date of a lease binding the proposed tenant to lease the property.
The notice may be given separately, as part of the lease, or as part
of any other notice the landlord delivers to the proposed tenant.
(f) If a lease is entered into without the landlord
providing the notice required under Subsection (c) or (d), the
tenant may terminate the lease for any reason not later than the
earlier of:
(1) the seventh day after the date the tenant receives
the notice; or
(2) the effective date of the lease.
(g) The tenant's right to terminate the lease under
Subsection (f) is the tenant's exclusive remedy for the failure of
the landlord to provide the notice required under Subsection (c) or
(d).
SECTION 3. (a) Section 5.019, Property Code, as added by
this Act, applies only to an executory contract entered into on or
after the effective date of this Act.
(b) Section 92.022, Property Code, as added by this Act,
applies only to a lease entered into on or after the effective date
of this Act.
SECTION 4. This Act takes effect September 1, 2011.