By: Parker (Senate Sponsor - Paxton) H.B. No. 2978
(In the Senate - Received from the House May 6, 2013;
May 7, 2013, read first time and referred to Committee on
Jurisprudence; May 20, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 4, Nays 0;
May 20, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2978 By: Rodriguez
A BILL TO BE ENTITLED
AN ACT
relating to service of citation in connection with an expedited
judicial foreclosure proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 17, Civil Practice and
Remedies Code, is amended by adding Section 17.031 to read as
follows:
Sec. 17.031. EXPEDITED FORECLOSURE PROCEEDINGS. For a
power of sale exercised by the filing of an application for an
expedited court order allowing the foreclosure of a contract lien
under the Texas Rules of Civil Procedure 736, service of citation
shall be completed in accordance with Rule 736 or 106, Texas Rules
of Civil Procedure, or in any other manner provided for petitions
under the Texas Rules of Civil Procedure.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
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