Bill Text: TX SB284 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to service of citation in connection with an application for an expedited court order allowing the foreclosure of a contract lien.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2015-04-23 - Left pending in committee [SB284 Detail]

Download: Texas-2015-SB284-Introduced.html

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84R1557 AJA-F
By: West S.B. No. 284

A BILL TO BE ENTITLED
AN ACT
relating to service of citation in connection with an application
for an expedited court order allowing the foreclosure of a contract
lien.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 17.031, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 17.031. EXPEDITED FORECLOSURE PROCEEDINGS. For a
power of sale exercised by the filing of an application for an
expedited court order allowing the foreclosure of a contract lien
under Rule 736, [the] Texas Rules of Civil Procedure [736]:
(1) citation must be served on each person who,
according to the records of the holder of the debt secured by the
lien, is obligated to pay the debt; and
(2) [,] service of citation shall be completed in
accordance with Rule 736 or 106, Texas Rules of Civil Procedure, or
in any other manner provided for petitions under the Texas Rules of
Civil Procedure.
SECTION 2. The change in law made by this Act applies only
to an application for an expedited court order allowing the
foreclosure of a contract lien under Rule 736, Texas Rules of Civil
Procedure, filed on or after the effective date of this Act. An
application filed 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 3. This Act takes effect September 1, 2015.