| 1 | 1 | | By: Lucio S.B. No. 1760 |
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| 2 | 2 | | (Oliveira) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to notice of water and wastewater requirements before |
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| 8 | 8 | | certain sales of certain residential properties. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 232, Local Government |
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| 11 | 11 | | Code, is amended by adding Section 232.0315 to read as follows: |
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| 12 | 12 | | Sec. 232.0315. NOTICE OF WATER AND WASTEWATER REQUIREMENTS |
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| 13 | 13 | | BY COUNTIES. (a) This section applies only to a county that sells: |
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| 14 | 14 | | (1) under Section 34.01, Tax Code, real property |
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| 15 | 15 | | presumed to be for residential use under Section 232.022; or |
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| 16 | 16 | | (2) under Section 3, Part VI, Texas Rules of Civil |
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| 17 | 17 | | Procedure, and Chapter 34, Civil Practice and Remedies Code, real |
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| 18 | 18 | | property presumed to be for residential use under Section 232.022, |
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| 19 | 19 | | taken by virtue of a writ of execution. |
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| 20 | 20 | | (b) A county shall include in the public notice of sale of |
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| 21 | 21 | | the property and the deed conveying the property a statement |
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| 22 | 22 | | substantially similar to the following: |
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| 23 | 23 | | "THIS SALE IS BEING CONDUCTED PURSUANT TO STATUTORY OR |
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| 24 | 24 | | JUDICIAL REQUIREMENTS. THE ______ (NAME OF COUNTY) AND THE |
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| 25 | 25 | | SHERIFF'S DEPARTMENT ARE ACTING ONLY AS CONDUITS OF INFORMATION. |
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| 26 | 26 | | BIDDERS WILL BID ON THE RIGHTS, TITLE, AND INTERESTS, IF ANY, IN THE |
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| 27 | 27 | | REAL PROPERTY OFFERED. |
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| 28 | 28 | | "THE PROPERTY IS SOLD AS IS, WHERE IS, AND WITHOUT ANY |
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| 29 | 29 | | WARRANTY, EITHER EXPRESS OR IMPLIED. NEITHER THE COUNTY NOR THE |
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| 30 | 30 | | SHERIFF'S DEPARTMENT WARRANTS OR MAKES ANY REPRESENTATIONS ABOUT |
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| 31 | 31 | | THE PROPERTY'S TITLE, CONDITION, HABITABILITY, MERCHANTABILITY, OR |
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| 32 | 32 | | FITNESS FOR A PARTICULAR PURPOSE. BUYERS ASSUME ALL RISKS. |
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| 33 | 33 | | "IN SOME SITUATIONS, A LOT OF FIVE ACRES OR LESS IS PRESUMED |
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| 34 | 34 | | TO BE INTENDED FOR RESIDENTIAL USE. HOWEVER, IF THE PROPERTY LACKS |
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| 35 | 35 | | WATER OR WASTEWATER SERVICE, THE PROPERTY MAY NOT QUALIFY FOR |
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| 36 | 36 | | RESIDENTIAL USE. A POTENTIAL BUYER WHO WOULD LIKE MORE INFORMATION |
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| 37 | 37 | | SHOULD MAKE ADDITIONAL INQUIRIES OR CONSULT WITH PRIVATE COUNSEL." |
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| 38 | 38 | | (c) The statement required by Subsection (b) must be: |
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| 39 | 39 | | (1) printed: |
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| 40 | 40 | | (A) in English and Spanish; and |
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| 41 | 41 | | (B) in 14-point boldface type or 14-point |
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| 42 | 42 | | uppercase typewritten letters; and |
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| 43 | 43 | | (2) read aloud at the sale, in English and Spanish, by |
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| 44 | 44 | | an agent of the county. |
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| 45 | 45 | | (d) A sale conducted in violation of this section is void. |
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| 46 | 46 | | SECTION 2. The changes in law made by this Act apply only to |
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| 47 | 47 | | a sale for which public notice is required on or after the effective |
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| 48 | 48 | | date of this Act. A sale for which public notice is required before |
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| 49 | 49 | | the effective date of this Act is covered by the law in effect when |
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| 50 | 50 | | the public notice was provided, and the former law is continued in |
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| 51 | 51 | | effect for that purpose. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2011. |
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| 53 | 53 | | COMMITTEE AMENDMENT NO. 1 |
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| 54 | 54 | | Amend Senate Bill No. 1760 (engrossed), on page 1, lines 19 |
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| 55 | 55 | | and 20 by striking "THE _____ (NAME OF COUNTY) AND THE SHERIFF'S |
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| 56 | 56 | | DEPARTMENT ARE ACTING ONLY AS CONDUITS OF INFORMATION.". |
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| 57 | 57 | | Oliveira |
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