Bill Text: TX SB1760 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to notice of water and wastewater requirements before certain sales of certain residential properties.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB1760 Detail]
Download: Texas-2011-SB1760-Enrolled.html
S.B. No. 1760 |
|
||
relating to notice of water and wastewater requirements before | ||
certain sales of certain residential properties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 232, Local Government | ||
Code, is amended by adding Section 232.0315 to read as follows: | ||
Sec. 232.0315. NOTICE OF WATER AND WASTEWATER REQUIREMENTS | ||
BY COUNTIES. (a) This section applies only to a 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 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." | ||
(c) The statement required by Subsection (b) must be: | ||
(1) printed: | ||
(A) in English and Spanish; and | ||
(B) in 14-point boldface type or 14-point | ||
uppercase typewritten letters; and | ||
(2) read aloud at the sale, in English and Spanish, by | ||
an agent of the county. | ||
(d) A sale conducted in violation of this section is void. | ||
SECTION 2. 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 3. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1760 passed the Senate on | ||
May 5, 2011, by the following vote: Yeas 26, Nays 5; and that the | ||
Senate concurred in House amendment on May 27, 2011, by the | ||
following vote: Yeas 26, Nays 5. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1760 passed the House, with | ||
amendment, on May 23, 2011, by the following vote: Yeas 142, | ||
Nays 0, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |