| 1 | 1 | | S.B. No. 59 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to notice of water and wastewater requirements for the |
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| 6 | 6 | | foreclosure sale of residential properties by certain political |
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| 7 | 7 | | subdivisions. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. The heading to Section 232.0315, Local |
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| 10 | 10 | | Government Code, is amended to read as follows: |
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| 11 | 11 | | Sec. 232.0315. NOTICE OF WATER AND WASTEWATER REQUIREMENTS |
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| 12 | 12 | | BY POLITICAL SUBDIVISIONS [COUNTIES]. |
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| 13 | 13 | | SECTION 2. Sections 232.0315(a) and (b), Local Government |
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| 14 | 14 | | Code, are amended to read as follows: |
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| 15 | 15 | | (a) This section applies only to a county or other political |
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| 16 | 16 | | subdivision located in the county that sells: |
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| 17 | 17 | | (1) under Section 34.01, Tax Code, real property |
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| 18 | 18 | | presumed to be for residential use under Section 232.022; or |
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| 19 | 19 | | (2) under Section 3, Part VI, Texas Rules of Civil |
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| 20 | 20 | | Procedure, and Chapter 34, Civil Practice and Remedies Code, real |
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| 21 | 21 | | property presumed to be for residential use under Section 232.022, |
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| 22 | 22 | | taken by virtue of a writ of execution. |
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| 23 | 23 | | (b) A county or other political subdivision located in the |
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| 24 | 24 | | county shall include in the public notice of sale of the property |
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| 25 | 25 | | and the deed conveying the property a statement substantially |
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| 26 | 26 | | similar to the following: |
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| 27 | 27 | | "THIS SALE IS BEING CONDUCTED PURSUANT TO STATUTORY OR |
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| 28 | 28 | | JUDICIAL REQUIREMENTS. BIDDERS WILL BID ON THE RIGHTS, TITLE, AND |
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| 29 | 29 | | INTERESTS, IF ANY, IN THE REAL PROPERTY OFFERED. |
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| 30 | 30 | | "THE PROPERTY IS SOLD AS IS, WHERE IS, AND WITHOUT ANY |
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| 31 | 31 | | WARRANTY, EITHER EXPRESS OR IMPLIED. NEITHER THE SELLER [COUNTY] |
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| 32 | 32 | | NOR THE SHERIFF'S DEPARTMENT WARRANTS OR MAKES ANY REPRESENTATIONS |
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| 33 | 33 | | ABOUT THE PROPERTY'S TITLE, CONDITION, HABITABILITY, |
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| 34 | 34 | | MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BUYERS ASSUME |
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| 35 | 35 | | ALL RISKS. |
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| 36 | 36 | | "IN SOME SITUATIONS, A LOT OF FIVE ACRES OR LESS IS PRESUMED |
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| 37 | 37 | | TO BE INTENDED FOR RESIDENTIAL USE. HOWEVER, IF THE PROPERTY LACKS |
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| 38 | 38 | | WATER OR WASTEWATER SERVICE, THE PROPERTY MAY NOT QUALIFY FOR |
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| 39 | 39 | | RESIDENTIAL USE. A POTENTIAL BUYER WHO WOULD LIKE MORE INFORMATION |
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| 40 | 40 | | SHOULD MAKE ADDITIONAL INQUIRIES OR CONSULT WITH PRIVATE COUNSEL." |
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| 41 | 41 | | SECTION 3. Section 34.01(e), Tax Code, is amended to read as |
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| 42 | 42 | | follows: |
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| 43 | 43 | | (e) A notice of sale under Subsection (c) must substantially |
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| 44 | 44 | | comply with this subsection. The notice must include: |
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| 45 | 45 | | (1) a statement of the authority under which the sale |
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| 46 | 46 | | is to be made; |
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| 47 | 47 | | (2) the date, time, and location of the sale; [and] |
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| 48 | 48 | | (3) a brief description of the property to be sold; and |
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| 49 | 49 | | (4) the statement required by Section 232.0315, Local |
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| 50 | 50 | | Government Code, if the real property subject to the sale is located |
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| 51 | 51 | | in a county subject to Subchapter B, Chapter 232, of that code and |
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| 52 | 52 | | is presumed to be for residential use under Section 232.022 of that |
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| 53 | 53 | | code. |
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| 54 | 54 | | SECTION 4. The changes in law made by this Act apply only to |
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| 55 | 55 | | a sale for which public notice is required on or after the effective |
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| 56 | 56 | | date of this Act. A sale for which public notice is required before |
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| 57 | 57 | | the effective date of this Act is governed by the law in effect when |
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| 58 | 58 | | the public notice was provided, and the former law is continued in |
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| 59 | 59 | | effect for that purpose. |
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| 60 | 60 | | SECTION 5. This Act takes effect September 1, 2023. |
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| 61 | 61 | | ______________________________ ______________________________ |
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| 62 | 62 | | President of the Senate Speaker of the House |
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| 63 | 63 | | I hereby certify that S.B. No. 59 passed the Senate on |
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| 64 | 64 | | April 4, 2023, by the following vote: Yeas 31, Nays 0. |
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| 65 | 65 | | ______________________________ |
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| 66 | 66 | | Secretary of the Senate |
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| 67 | 67 | | I hereby certify that S.B. No. 59 passed the House on |
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| 68 | 68 | | April 28, 2023, by the following vote: Yeas 140, Nays 4, |
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| 69 | 69 | | two present not voting. |
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| 70 | 70 | | ______________________________ |
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| 71 | 71 | | Chief Clerk of the House |
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| 72 | 72 | | Approved: |
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| 73 | 73 | | ______________________________ |
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| 74 | 74 | | Date |
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| 75 | 75 | | ______________________________ |
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| 76 | 76 | | Governor |
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