2015S0245-1 02/13/15
By: Villalba H.B. No. 1588
A BILL TO BE ENTITLED
AN ACT
relating to the administrative determination of title to certain
timeshare properties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 221, Property Code, is
amended by adding Section 221.078 to read as follows:
Sec. 221.078. ADMINISTRATIVE REMOVAL OF CLOUD OF TITLE.
(a) A purchaser may petition the General Land Office to determine
ownership of timeshare property for which the purchaser asserts a
developer has issued overlapping timeshare interests.
(b) After receipt of the petition, the General Land Office
shall provide notice of the hearing by certified mail to any other
purchasers of the timeshare property. All costs of providing
notice shall be borne by the petitioner. Notice shall be provided
not later than the 30th day before the hearing date. If the address
or identity of any purchaser is unknown, notice may be provided by
publication in a newspaper in the county in which the timeshare
property is located once each week for four consecutive weeks, with
the final publication occurring not later than the 30th day before
the date on which the hearing is scheduled. The publication must
contain:
(1) a general description of the property involved;
(2) the county in which the property is located;
(3) the interest of the purchaser whose address or
identity is unknown; and
(4) the name and address of the petitioning purchaser.
(c) After the hearing, the General Land Office shall issue
an order determining the timeshare property's title.
(d) An order issued under Subsection (c) becomes final and
unappealable on the 30th day after the date on which the order is
issued unless before that day the petitioning purchaser or another
person affected by the order appeals the order to the district court
of the county where the timeshare property is located. An appeal
under this subsection is by trial de novo. A final order under this
section may be recorded.
(e) This section applies only to a timeshare property:
(1) whose association does not have any active banking
accounts with which to conduct association business;
(2) whose purchasers have paid no association fees,
dues, or charges for at least three years;
(3) subject to Chapter 81; and
(4) located in a first tier coastal county, as that
term is defined in Section 2210.003, Insurance Code.
(f) The General Land Office shall adopt rules to implement
this section.
SECTION 2. The General Land Office shall adopt rules under
Section 221.078, Property Code, as added by this Act, as soon as
practicable after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2015.