By: King of Uvalde (Senate Sponsor - Zaffirini) H.B. No. 4429
(In the Senate - Received from the House May 10, 2021;
May 12, 2021, read first time and referred to Committee on Local
Government; May 22, 2021, reported favorably by the following
vote: Yeas 7, Nays 0; May 22, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to notice of water and wastewater requirements for the
foreclosure sale of residential properties by certain political
subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 232.0315(a) and (b), Local Government
Code, are amended to read as follows:
(a) This section applies only to a political subdivision
[county] that sells:
(1) under Section 34.01, Tax Code, real property
presumed to be for residential use under Section 232.022; or
(2) under Section 3, Part VI, Texas Rules of Civil
Procedure, and Chapter 34, Civil Practice and Remedies Code, real
property presumed to be for residential use under Section 232.022,
taken by virtue of a writ of execution.
(b) A political subdivision [county] shall include in the
public notice of sale of the property and the deed conveying the
property a statement substantially similar to the following:
"THIS SALE IS BEING CONDUCTED PURSUANT TO STATUTORY OR
JUDICIAL REQUIREMENTS. BIDDERS WILL BID ON THE RIGHTS, TITLE, AND
INTERESTS, IF ANY, IN THE REAL PROPERTY OFFERED.
"THE PROPERTY IS SOLD AS IS, WHERE IS, AND WITHOUT ANY
WARRANTY, EITHER EXPRESS OR IMPLIED. NEITHER THE COUNTY NOR THE
SHERIFF'S DEPARTMENT WARRANTS OR MAKES ANY REPRESENTATIONS ABOUT
THE PROPERTY'S TITLE, CONDITION, HABITABILITY, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE. BUYERS ASSUME ALL RISKS.
"IN SOME SITUATIONS, A LOT OF FIVE ACRES OR LESS IS PRESUMED
TO BE INTENDED FOR RESIDENTIAL USE. HOWEVER, IF THE PROPERTY LACKS
WATER OR WASTEWATER SERVICE, THE PROPERTY MAY NOT QUALIFY FOR
RESIDENTIAL USE. A POTENTIAL BUYER WHO WOULD LIKE MORE INFORMATION
SHOULD MAKE ADDITIONAL INQUIRIES OR CONSULT WITH PRIVATE COUNSEL."
SECTION 2. Section 34.01(e), Tax Code, is amended to read as
follows:
(e) A notice of sale under Subsection (c) must substantially
comply with this subsection. The notice must include:
(1) a statement of the authority under which the sale
is to be made;
(2) the date, time, and location of the sale; [and]
(3) a brief description of the property to be sold; and
(4) the statement required by Section 232.0315, Local
Government Code, if the real property subject to the sale is located
in a county subject to Chapter 232 of that code and is presumed to be
for residential use under Section 232.022 of that code.
SECTION 3. The changes in law made by this Act apply only to
a sale for which public notice is required on or after the effective
date of this Act. A sale for which public notice is required before
the effective date of this Act is covered by the law in effect when
the public notice was provided, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2021.
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