| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to the liability of a political subdivision of this state |
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| 8 | 6 | | for certain claims relating to land acquired by the political |
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| 9 | 7 | | subdivision under certain circumstances. |
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| 10 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 9 | | SECTION 1. Section 101.064, Civil Practice and Remedies |
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| 12 | 10 | | Code, is amended to read as follows: |
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| 13 | 11 | | Sec. 101.064. LAND ACQUIRED UNDER FORECLOSURE OF LIEN OR BY |
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| 14 | 12 | | CONVEYANCE IN SATISFACTION OF CERTAIN TAX DEBT. (a) This chapter |
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| 15 | 13 | | does not apply to a claim: |
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| 16 | 14 | | (1) against [section applies only to] a political |
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| 17 | 15 | | subdivision of this state [municipality] that acquires land: |
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| 18 | 16 | | (A) as a result of [at a sale following] the |
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| 19 | 17 | | foreclosure of a lien held by the political subdivision, including |
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| 20 | 18 | | land that was bid off to the political subdivision under Section |
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| 21 | 19 | | 34.01, Tax Code; or |
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| 22 | 20 | | (B) under Section 31.061, Tax Code; |
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| 23 | 21 | | (2) that [municipality. |
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| 24 | 22 | | [(b) This chapter does not apply to a claim that: |
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| 25 | 23 | | [(1)] arises after the date the land was acquired and |
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| 26 | 24 | | before the date the land is sold, conveyed, or exchanged by the |
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| 27 | 25 | | political subdivision [municipality]; and |
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| 28 | 26 | | (3) that [(2)] arises from: |
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| 29 | 27 | | (A) the condition of the land; |
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| 30 | 28 | | (B) a premises defect on the land; or |
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| 31 | 29 | | (C) an action committed by any person, other than |
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| 32 | 30 | | an agent or employee of the political subdivision [municipality], |
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| 33 | 31 | | on the land. |
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| 34 | 32 | | (b) [(c)] In this section, [the term] "land" includes any |
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| 35 | 33 | | building or improvement located on land acquired by a political |
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| 36 | 34 | | subdivision [municipality]. |
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| 37 | 35 | | SECTION 2. The change in law made by this Act applies only |
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| 38 | 36 | | to a claim that arises on or after the effective date of this Act, |
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| 39 | 37 | | regardless of whether the land was acquired by a political |
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| 40 | 38 | | subdivision before, on, or after the effective date of this Act. A |
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| 41 | 39 | | claim that arises before the effective date of this Act is governed |
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| 42 | 40 | | by the law applicable to the claim immediately before the effective |
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| 43 | 41 | | date of this Act, and that law is continued in effect for that |
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| 44 | 42 | | purpose. |
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| 45 | 43 | | SECTION 3. This Act takes effect September 1, 2015. |
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| 44 | + | ______________________________ ______________________________ |
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| 45 | + | President of the Senate Speaker of the House |
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| 46 | + | I hereby certify that S.B. No. 450 passed the Senate on |
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| 47 | + | April 15, 2015, by the following vote: Yeas 31, Nays 0. |
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| 48 | + | ______________________________ |
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| 49 | + | Secretary of the Senate |
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| 50 | + | I hereby certify that S.B. No. 450 passed the House on |
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| 51 | + | May 19, 2015, by the following vote: Yeas 146, Nays 0, two |
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| 52 | + | present not voting. |
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| 53 | + | ______________________________ |
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| 54 | + | Chief Clerk of the House |
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| 55 | + | Approved: |
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| 56 | + | ______________________________ |
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| 57 | + | Date |
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| 58 | + | ______________________________ |
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| 59 | + | Governor |
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