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