84R22941 PMO-D
By: Smith H.B. No. 2681
A BILL TO BE ENTITLED
AN ACT
relating to information required in a notice of sale of real
property under contract lien.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.002, Property Code, is amended by
amending Subsection (i) and adding Subsections (j) and (k) to read
as follows:
(i) Notice served on a debtor under this section must state:
(1) the name and address of the sender of the notice;
and
(2) except as provided by Subsection (j), the name,
telephone number, facsimile number, e-mail address, and street
address of:
(A) each substitute trustee authorized to
exercise the power of sale under the deed of trust; or
(B) if a substitute trustee authorized to
exercise the power of sale under the deed of trust has not been
appointed, the trustee authorized to exercise the power of sale
under the deed of trust.
(j) Subsection (i)(2) does not apply to a notice of sale of
real property under contract lien served on a debtor by:
(1) a condominium regime under Chapter 81;
(2) a unit owners' association under Chapter 82; or
(3) a property owners' association under Chapter 209.
(k) In [contain, in] addition to any other statements
required under this section, notice served on a debtor under this
section must contain a statement that is conspicuous, printed in
boldface or underlined type, and substantially similar to the
following: "Assert and protect your rights as a member of the
armed forces of the United States. If you are or your spouse is
serving on active military duty, including active military duty as
a member of the Texas National Guard or the National Guard of
another state or as a member of a reserve component of the armed
forces of the United States, please send written notice of the
active duty military service to the sender of this notice
immediately."
SECTION 2. The changes in law made by this Act apply only to
a notice of sale given on or after the effective date of this Act. A
notice of sale given before the effective date of this Act is
governed by the law as it existed when the notice was given, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.