Bill Text: TX SB1924 | 2021-2022 | 87th Legislature | Introduced
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) 2021-04-01 - Referred to Local Government [SB1924 Detail]
Download: Texas-2021-SB1924-Introduced.html
| 87R9076 DRS-D | ||
| By: Zaffirini | S.B. No. 1924 | |
|
|
||
|
|
||
| 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. Sections 232.0315(a) and (b), Local Government | ||
| Code, are amended to read as follows: | ||
| (a) This section applies only to a political subdivision | ||
| [ |
||
| (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 political subdivision [ |
||
| 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." | ||
| SECTION 2. 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; [ |
||
| (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 Chapter 232 of that code and is presumed to be | ||
| for residential use under Section 232.022 of that code. | ||
| SECTION 3. 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 4. This Act takes effect September 1, 2021. | ||
