Bill Text: TX HB1397 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to prohibiting nonjudicial foreclosure by a property owners' association on residences owned by certain members of the military.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2011-04-07 - No action taken in committee [HB1397 Detail]

Download: Texas-2011-HB1397-Introduced.html

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82R1692 PMO-D
By: Farias H.B. No. 1397

A BILL TO BE ENTITLED
AN ACT
relating to prohibiting nonjudicial foreclosure by a property
owners' association on residences owned by certain members of the
military.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.002, Property Code, is amended by
adding Subsection (i) to read as follows:
(i) Notice served under Subsection (b)(3) or (d) must state
the name and address of the sender of the notice and contain a
statement that is conspicuous, printed in boldface or underlined
type, and substantially similar to the following: "If you are or
your spouse is serving on active military duty, including active
military duty as a member of the Texas National Guard or the
National Guard of another state or as a member of a reserve
component of the armed forces of the Unites States, please send
written notice of the active duty military service to the sender of
this notice immediately."
SECTION 2. Section 51.015(a), Property Code, is amended by
adding Subdivision (1-a) to read as follows:
(1-a) "Assessment" and "regular assessment" have the
meanings assigned by Section 209.002.
SECTION 3. Section 51.015(b), Property Code, is amended to
read as follows:
(b) This section applies only to an obligation:
(1) that is secured by a mortgage, deed of trust, or
other contract lien, including an assessment or regular assessment,
on real property or personal property that is a dwelling owned by a
military servicemember;
(2) that originates before the date on which the
servicemember's active duty military service commences; and
(3) for which the servicemember is still obligated.
SECTION 4. The changes in law made by this Act apply only to
the levy of an assessment or regular assessment as described by
Section 51.015, Property Code, as amended by this Act, the
effective date of which is on or after the effective date of this
Act. A levy of an assessment or regular assessment the effective
date of which is before the effective date of this Act is governed
by the law as it existed immediately before the effective date of
this Act, and that law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2011.