By: Schwertner S.B. No. 450
A BILL TO BE ENTITLED
AN ACT
relating to the liability of a political subdivision of this state
for certain claims relating to land acquired by the political
subdivision under certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 101.064, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 101.064. LAND ACQUIRED UNDER FORECLOSURE OF LIEN OR BY
CONVEYANCE IN SATISFACTION OF CERTAIN TAX DEBT. (a) This chapter
does not apply to a claim:
(1) against [section applies only to] a political
subdivision of this state [municipality] that acquires land:
(A) as a result of [at a sale following] the
foreclosure of a lien held by the political subdivision, including
land that was bid off to the political subdivision under Section
34.01, Tax Code; or
(B) under Section 31.061, Tax Code;
(2) that [municipality.
[(b) This chapter does not apply to a claim that:
[(1)] arises after the date the land was acquired and
before the date the land is sold, conveyed, or exchanged by the
political subdivision [municipality]; and
(3) that [(2)] arises from:
(A) the condition of the land;
(B) a premises defect on the land; or
(C) an action committed by any person, other than
an agent or employee of the political subdivision [municipality],
on the land.
(b) [(c)] In this section, [the term] "land" includes any
building or improvement located on land acquired by a political
subdivision [municipality].
SECTION 2. The change in law made by this Act applies only
to a claim that arises on or after the effective date of this Act,
regardless of whether the land was acquired by a political
subdivision before, on, or after the effective date of this Act. A
claim that arises before the effective date of this Act is governed
by the law applicable to the claim immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2015.