| 1 | 1 | | By: Van de Putte, Nelson S.B. No. 101 |
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| 2 | 2 | | West |
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| 3 | 3 | | (Farias) |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the regulation of nonjudicial foreclosure on residences |
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| 9 | 9 | | owned by certain members of the military, including foreclosure by |
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| 10 | 10 | | a property owners' association. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 51.002, Property Code, is amended by |
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| 13 | 13 | | adding Subsection (i) to read as follows: |
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| 14 | 14 | | (i) Notice served under Subsection (b)(3) or (d) must state |
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| 15 | 15 | | the name and address of the sender of the notice and contain a |
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| 16 | 16 | | statement that is conspicuous, printed in boldface or underlined |
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| 17 | 17 | | type, and substantially similar to the following: "Assert and |
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| 18 | 18 | | protect your rights as a member of the armed forces of the United |
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| 19 | 19 | | States. If you are or your spouse is serving on active military |
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| 20 | 20 | | duty, including active military duty as a member of the Texas |
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| 21 | 21 | | National Guard or the National Guard of another state or as a member |
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| 22 | 22 | | of a reserve component of the armed forces of the United States, |
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| 23 | 23 | | please send written notice of the active duty military service to |
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| 24 | 24 | | the sender of this notice immediately." |
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| 25 | 25 | | SECTION 2. Subsection (a), Section 51.015, Property Code, |
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| 26 | 26 | | is amended by adding Subdivision (1-a) to read as follows: |
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| 27 | 27 | | (1-a) "Assessment" and "assessments" have the |
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| 28 | 28 | | meanings assigned by Sections 82.113(a) and 209.002, as applicable. |
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| 29 | 29 | | SECTION 3. Subsection (b), Section 51.015, Property Code, |
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| 30 | 30 | | is amended to read as follows: |
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| 31 | 31 | | (b) This section applies only to an obligation: |
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| 32 | 32 | | (1) that is secured by a mortgage, deed of trust, or |
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| 33 | 33 | | other contract lien, including a lien securing payment of an |
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| 34 | 34 | | assessment or assessments, as applicable, on real property or |
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| 35 | 35 | | personal property that is a dwelling owned by a military |
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| 36 | 36 | | servicemember; |
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| 37 | 37 | | (2) that originates before the date on which the |
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| 38 | 38 | | servicemember's active duty military service commences; and |
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| 39 | 39 | | (3) for which the servicemember is still obligated. |
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| 40 | 40 | | SECTION 4. The changes in law made by this Act apply only to |
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| 41 | 41 | | the levy of an assessment or assessments as described by Section |
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| 42 | 42 | | 51.015, Property Code, as amended by this Act, the effective date of |
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| 43 | 43 | | which is on or after the effective date of this Act. A levy of an |
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| 44 | 44 | | assessment or assessments the effective date of which is before the |
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| 45 | 45 | | effective date of this Act is governed by the law as it existed |
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| 46 | 46 | | immediately before the effective date of this Act, and that law is |
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| 47 | 47 | | continued in effect for that purpose. |
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| 48 | 48 | | SECTION 5. This Act takes effect September 1, 2011. |
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