By: Van de Putte, Nelson S.B. No. 101
West
(Farias)
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of nonjudicial foreclosure on residences
owned by certain members of the military, including foreclosure by
a property owners' association.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.002, Property Code, is amended by
adding Subsection (i) to read as follows:
(i) Notice served under Subsection (b)(3) or (d) must state
the name and address of the sender of the notice and contain a
statement that is conspicuous, printed in boldface or underlined
type, and 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 2. Subsection (a), Section 51.015, Property Code,
is amended by adding Subdivision (1-a) to read as follows:
(1-a) "Assessment" and "assessments" have the
meanings assigned by Sections 82.113(a) and 209.002, as applicable.
SECTION 3. Subsection (b), Section 51.015, Property Code,
is amended to read as follows:
(b) This section applies only to an obligation:
(1) that is secured by a mortgage, deed of trust, or
other contract lien, including a lien securing payment of an
assessment or assessments, as applicable, on real property or
personal property that is a dwelling owned by a military
servicemember;
(2) that originates before the date on which the
servicemember's active duty military service commences; and
(3) for which the servicemember is still obligated.
SECTION 4. The changes in law made by this Act apply only to
the levy of an assessment or assessments as described by Section
51.015, Property Code, as amended by this Act, the effective date of
which is on or after the effective date of this Act. A levy of an
assessment or assessments the effective date of which is before the
effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2011.