Bill Text: TX SB101 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the regulation of nonjudicial foreclosure on residences owned by certain members of the military, including foreclosure by a property owners' association.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB101 Detail]
Download: Texas-2011-SB101-Enrolled.html
S.B. No. 101 |
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relating to the regulation of nonjudicial foreclosure on residences | ||
owned by certain members of the military, including foreclosure by | ||
a property owners' association. | ||
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: "Assert and | ||
protect your rights as a member of the armed forces of the United | ||
States. 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 United States, | ||
please send written notice of the active duty military service to | ||
the sender of this notice immediately." | ||
SECTION 2. Subsection (a), Section 51.015, Property Code, | ||
is amended by adding Subdivision (1-a) to read as follows: | ||
(1-a) "Assessment" and "assessments" have the | ||
meanings assigned by Sections 82.113(a) and 209.002, as applicable. | ||
SECTION 3. Subsection (b), Section 51.015, 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 a lien securing payment of an | ||
assessment or assessments, as applicable, 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 assessments 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 assessments 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 101 passed the Senate on | ||
March 24, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 101 passed the House on | ||
May 19, 2011, by the following vote: Yeas 148, Nays 0, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |