| 1 | 1 | | 84R1557 AJA-F |
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| 2 | 2 | | By: West S.B. No. 284 |
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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 service of citation in connection with an application |
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| 8 | 8 | | for an expedited court order allowing the foreclosure of a contract |
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| 9 | 9 | | lien. |
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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 17.031, Civil Practice and Remedies |
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| 12 | 12 | | Code, is amended to read as follows: |
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| 13 | 13 | | Sec. 17.031. EXPEDITED FORECLOSURE PROCEEDINGS. For a |
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| 14 | 14 | | power of sale exercised by the filing of an application for an |
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| 15 | 15 | | expedited court order allowing the foreclosure of a contract lien |
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| 16 | 16 | | under Rule 736, [the] Texas Rules of Civil Procedure [736]: |
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| 17 | 17 | | (1) citation must be served on each person who, |
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| 18 | 18 | | according to the records of the holder of the debt secured by the |
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| 19 | 19 | | lien, is obligated to pay the debt; and |
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| 20 | 20 | | (2) [,] service of citation shall be completed in |
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| 21 | 21 | | accordance with Rule 736 or 106, Texas Rules of Civil Procedure, or |
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| 22 | 22 | | in any other manner provided for petitions under the Texas Rules of |
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| 23 | 23 | | Civil Procedure. |
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| 24 | 24 | | SECTION 2. The change in law made by this Act applies only |
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| 25 | 25 | | to an application for an expedited court order allowing the |
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| 26 | 26 | | foreclosure of a contract lien under Rule 736, Texas Rules of Civil |
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| 27 | 27 | | Procedure, filed on or after the effective date of this Act. An |
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| 28 | 28 | | application filed before the effective date of this Act is governed |
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| 29 | 29 | | by the law as it existed immediately before the effective date of |
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| 30 | 30 | | this Act, and that law is continued in effect for that purpose. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2015. |
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