| 1 | 1 | | 84R5248 LEH-F |
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| 2 | 2 | | By: Sheets H.B. No. 1406 |
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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 the liability of a political subdivision of this state |
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| 8 | 8 | | for certain claims relating to land acquired by the political |
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| 9 | 9 | | subdivision under certain circumstances. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 101.064, Civil Practice and Remedies |
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| 12 | 12 | | Code, is amended to read as follows: |
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| 13 | 13 | | Sec. 101.064. LAND ACQUIRED UNDER FORECLOSURE OF LIEN OR BY |
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| 14 | 14 | | CONVEYANCE IN SATISFACTION OF CERTAIN TAX DEBT. (a) This section |
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| 15 | 15 | | applies only to a political subdivision of this state |
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| 16 | 16 | | [municipality] that acquires land: |
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| 17 | 17 | | (1) as a result of [at a sale following] the |
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| 18 | 18 | | foreclosure of a lien held by the political subdivision, including |
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| 19 | 19 | | land that was bid off to the political subdivision under Section |
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| 20 | 20 | | 34.01, Tax Code; or |
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| 21 | 21 | | (2) under Section 31.061, Tax Code [municipality]. |
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| 22 | 22 | | (b) This chapter does not apply to a claim that: |
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| 23 | 23 | | (1) arises after the date the land was acquired and |
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| 24 | 24 | | before the date the land is sold, conveyed, or exchanged by the |
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| 25 | 25 | | political subdivision [municipality]; and |
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| 26 | 26 | | (2) arises from: |
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| 27 | 27 | | (A) the condition of the land; |
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| 28 | 28 | | (B) a premises defect on the land; or |
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| 29 | 29 | | (C) an action committed by any person, other than |
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| 30 | 30 | | an agent or employee of the political subdivision [municipality], |
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| 31 | 31 | | on the land. |
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| 32 | 32 | | (c) In this section, [the term] "land" includes any building |
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| 33 | 33 | | or improvement located on land acquired by a political subdivision |
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| 34 | 34 | | [municipality]. |
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| 35 | 35 | | SECTION 2. The change in law made by this Act applies only |
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| 36 | 36 | | to a claim that arises on or after the effective date of this Act, |
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| 37 | 37 | | regardless of whether the land was acquired by a political |
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| 38 | 38 | | subdivision before, on, or after the effective date of this Act. A |
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| 39 | 39 | | claim that arises before the effective date of this Act is governed |
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| 40 | 40 | | by the law applicable to the claim immediately before the effective |
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| 41 | 41 | | date of this Act, and that law is continued in effect for that |
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| 42 | 42 | | purpose. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2015. |
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