Bill Text: TX HB2571 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to notice of water and wastewater requirements for the foreclosure sale of residential properties by certain political subdivisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-04-28 - Laid on the table subject to call [HB2571 Detail]
Download: Texas-2023-HB2571-Comm_Sub.html
| 88R582 DRS-D | ||
| By: King of Uvalde | H.B. No. 2571 | |
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| 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. The heading to Section 232.0315, Local | ||
| Government Code, is amended to read as follows: | ||
| Sec. 232.0315. NOTICE OF WATER AND WASTEWATER REQUIREMENTS | ||
| BY POLITICAL SUBDIVISIONS [ |
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| SECTION 2. Sections 232.0315(a) and (b), Local Government | ||
| Code, are amended to read as follows: | ||
| (a) This section applies only to a county or other political | ||
| subdivision located in the 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 county or other political subdivision located in the | ||
| 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 SELLER [ |
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| 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 3. 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; [ |
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| (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 Subchapter B, Chapter 232, of that code and | ||
| is presumed to be for residential use under Section 232.022 of that | ||
| code. | ||
| SECTION 4. 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 governed by the law in effect when | ||
| the public notice was provided, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 5. This Act takes effect September 1, 2023. | ||
