S.B. No. 336
                                        AN ACT
    1-1  relating to notice and cure provisions required for a defaulting
    1-2  purchaser under a contract for deed and to requirements for and
    1-3  loans associated with a contract for deed transaction in certain
    1-4  counties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  The legislature finds that:
    1-7              (1)  the proliferation of colonias and substandard
    1-8  housing developments that lack adequate infrastructure creates
    1-9  serious and unacceptable health risks for the residents in these
   1-10  areas;
   1-11              (2)  many residents building homes in these areas do
   1-12  not have access to traditional financing and the assistance of a
   1-13  professional builder, which promotes expansion of substandard
   1-14  housing;
   1-15              (3)  the contract-for-deed arrangement allows
   1-16  low-income persons to purchase property and build homes on the
   1-17  property;
   1-18              (4)  statutory law in this state does not ensure that:
   1-19                    (A)  information about the property, including
   1-20  whether utility service is available, whether the property is
   1-21  located in a floodplain, or whether the title to the property is
   1-22  encumbered by a lien, is disclosed to the purchaser;
   1-23                    (B)  the contract is recorded to notify
   1-24  subsequent creditors of the purchaser's interest in the property;
    2-1                    (C)  legal title to the property is transferred
    2-2  to the purchaser by the seller when the purchaser has paid all
    2-3  amounts due under the contract; or
    2-4                    (D)  the purchaser's equity in the property is
    2-5  protected; and
    2-6              (5)  a purchaser under a contract-for-deed arrangement
    2-7  is faced with significant problems requiring statutory protection
    2-8  because of:
    2-9                    (A)  the inadequacy of infrastructure in areas
   2-10  where this arrangement is commonly used; and
   2-11                    (B)  the unregulated status of the
   2-12  contract-for-deed arrangement.
   2-13        SECTION 2.  Subchapter D, Chapter 5, Property Code, is
   2-14  amended to read as follows:
   2-15           SUBCHAPTER D.  EXECUTORY CONTRACT FOR CONVEYANCE
   2-16        Sec. 5.061.  AVOIDANCE OF FORFEITURE AND ACCELERATION OR OF
   2-17  RESCISSION.  A seller may enforce the remedy of rescission or of
   2-18  <a> forfeiture <of interest> and <the> acceleration against <of the
   2-19  indebtedness  of> a purchaser in default under an executory
   2-20  contract for conveyance of real property used or to be used as the
   2-21  purchaser's residence only if the seller notifies <after notifying>
   2-22  the purchaser of:
   2-23              (1)  the seller's intent to enforce a remedy under this
   2-24  section; <the forfeiture and acceleration> and
   2-25              (2)  the expiration of the following periods:
   2-26                    (A) <(1)>  if the purchaser has paid less than 10
   2-27  percent of the purchase price, 15 days after the date notice is
    3-1  given;
    3-2                    (B) <(2)>  if the purchaser has paid 10 percent
    3-3  or more but less than 20 percent of the purchase price, 30 days
    3-4  after the date notice is given; and
    3-5                    (C) <(3)>  if the purchaser has paid 20 percent
    3-6  or more of the purchase price, 60 days after the date notice is
    3-7  given.
    3-8        Sec. 5.062.  NOTICE.  (a)  Notice under Section 5.061 of this
    3-9  code must be in writing.  If the notice is mailed, it must be by
   3-10  registered or certified mail.  The notice must be conspicuous and
   3-11  printed in 14-point boldface <10-point boldfaced> type or 14-point
   3-12  uppercase typewritten letters, and must include on a separate page
   3-13  the statement:
   3-14                             NOTICE
   3-15        YOU ARE NOT COMPLYING WITH THE TERMS OF <LATE IN MAKING
   3-16        YOUR PAYMENT UNDER> THE CONTRACT TO BUY YOUR PROPERTY
   3-17        <HOME>.  UNLESS YOU TAKE THE ACTION SPECIFIED IN THIS
   3-18        NOTICE <MAKE THE PAYMENT> BY (date) THE SELLER HAS THE
   3-19        RIGHT TO TAKE POSSESSION OF YOUR PROPERTY <HOME AND TO
   3-20        KEEP ALL PAYMENTS YOU HAVE MADE TO DATE>.
   3-21        (b)  The notice must also:
   3-22              (1)  identify and explain the remedy the seller intends
   3-23  to enforce;
   3-24              (2)  if the purchaser has failed to make a timely
   3-25  payment, specify:
   3-26                    (A) <(1)>  the delinquent amount, itemized into
   3-27  principal and interest;
    4-1                    (B) <(2)>  any additional charges claimed, such
    4-2  as late charges or attorney's fees; and
    4-3                    (C) <(3)>  the period to which the delinquency
    4-4  and additional charges relate; and
    4-5              (3)  if the purchaser has failed to comply with a term
    4-6  of the contract, identify the term violated and the action required
    4-7  to cure the violation.
    4-8        (c)  Notice by mail is given when it is mailed to the
    4-9  purchaser's residence or place of business.  Notice by other
   4-10  writing is given when it is delivered to the purchaser at the
   4-11  purchaser's residence or place of business.  The affidavit of a
   4-12  person knowledgeable of the facts to the effect that notice was
   4-13  given is prima facie evidence of notice in an action involving a
   4-14  subsequent bona fide purchaser for value if the purchaser is not in
   4-15  possession of the real property and if the stated time to avoid the
   4-16  forfeiture has expired.  A bona fide subsequent purchaser for value
   4-17  who relies upon the affidavit under this subsection shall take
   4-18  title free and clear of the contract.
   4-19        Sec. 5.063.  Right to Cure Default.  Notwithstanding an
   4-20  agreement to the contrary, a purchaser in default under an
   4-21  executory contract for the conveyance of real property used or to
   4-22  be used as the purchaser's residence may, at any time before
   4-23  expiration of the applicable period provided by Section 5.061 of
   4-24  this code, avoid the enforcement of a remedy described by that
   4-25  section <forfeiture of interest and acceleration of indebtedness>
   4-26  by complying with the terms of the contract up to the date of
   4-27  compliance.
    5-1        Sec. 5.064.  Placement of Lien for Utility Service.
    5-2  Notwithstanding any terms of a contract to the contrary, the
    5-3  placement of a lien for the reasonable value of improvements to
    5-4  residential real estate for purposes of providing utility service
    5-5  to the property shall not constitute a default under the terms of
    5-6  an executory contract for the purchase of the real property.
    5-7        Sec. 5.065.  DEFAULT.  In this subchapter, "default" means
    5-8  the failure to:
    5-9              (1)  make a timely payment; or
   5-10              (2)  comply with a term of an executory contract.
   5-11        SECTION 3.  Chapter 5, Property Code, is amended by adding
   5-12  Subchapter E to read as follows:
   5-13        SUBCHAPTER E.  REQUIREMENTS FOR EXECUTORY CONTRACT FOR
   5-14               CONVEYANCE APPLICABLE TO CERTAIN COUNTIES
   5-15        Sec. 5.091.  APPLICABILITY.  (a)  This subchapter applies
   5-16  only to an executory contract that covers real property located in
   5-17  a county that, as determined by the Texas Department of Housing and
   5-18  Community Affairs:
   5-19              (1)  has a per capita income that averaged 25 percent
   5-20  below the state average for the most recent three consecutive years
   5-21  for which statistics are available and an unemployment rate that
   5-22  averaged 25 percent above the state average for the most recent
   5-23  three consecutive years for which statistics are available; and
   5-24              (2)  is within 200 miles of an international border.
   5-25        (b)  This subchapter applies only to a transaction involving
   5-26  an executory contract for conveyance of real property used or to be
   5-27  used as the purchaser's residence.  For purposes of this
    6-1  subchapter, a lot measuring one acre or less is presumed to be
    6-2  residential property.
    6-3        (c)  This subchapter does not apply to a transaction
    6-4  involving a sale of land by the Veterans' Land Board under an
    6-5  executory contract.
    6-6        (d)  This subchapter does not apply to an executory contract
    6-7  that provides for the delivery of a deed from the seller to the
    6-8  purchaser within 180 days of the date of the final execution of the
    6-9  executory contract.
   6-10        Sec. 5.092.  DETERMINATION AND NOTICE OF APPLICABILITY.
   6-11  (a)  The Texas Department of Housing and Community Affairs shall
   6-12  annually determine the counties in which this subchapter applies.
   6-13        (b)  The department shall:
   6-14              (1)  publish in the Texas Register a list of the
   6-15  counties in which this subchapter applies; and
   6-16              (2)  notify the county clerk of each county to which
   6-17  this subchapter applies.
   6-18        (c)  The notice required by Subsection (b) must state that
   6-19  Subchapter E, Chapter 5, Property Code, regulates executory
   6-20  contract transactions involving residential property located in the
   6-21  county.
   6-22        (d)  The department shall make its determination not later
   6-23  than May 1 of each year, based on consideration of statistics
   6-24  excluding the year in which the determination is made.  The
   6-25  determination is effective beginning June 1 following the
   6-26  determination.
   6-27        (e)  Immediately after receiving notice from the department,
    7-1  the county clerk shall publish a copy of the notice on three
    7-2  separate days in a newspaper of general circulation in the county.
    7-3  If no newspaper is published in the county, the clerk shall post a
    7-4  copy of the notice on three separate days on a bulletin board at a
    7-5  place convenient to the public in the county courthouse.
    7-6        Sec. 5.093.  SPANISH LANGUAGE REQUIREMENT.  If the
    7-7  negotiations that precede the execution of an executory contract
    7-8  are conducted primarily in Spanish, the seller shall provide a copy
    7-9  in Spanish of all written documents relating to the transaction,
   7-10  including the contract, disclosure notice, and annual accounting
   7-11  statements required by this subchapter and a notice of default
   7-12  required by Subchapter D.
   7-13        Sec. 5.094.  SELLER'S DISCLOSURE OF PROPERTY CONDITION.
   7-14  (a)  Before an executory contract is signed by the purchaser, the
   7-15  seller shall provide the purchaser with:
   7-16              (1)  a survey, which was completed within the past
   7-17  year, or plat of a current survey of the real property;
   7-18              (2)  a legible copy of any document that describes an
   7-19  encumbrance or other claim, including a restrictive covenant or
   7-20  easement, that affects title to the real property; and
   7-21              (3)  a written notice, which must be attached to the
   7-22  contract, informing the purchaser of the condition of the property
   7-23  that must, at a minimum, be executed by the seller and purchaser
   7-24  and read substantially similar to the following:
   7-25                                WARNING
   7-26        IF ANY OF THE ITEMS BELOW HAVE NOT BEEN CHECKED, YOU
   7-27        MAY NOT BE ABLE TO LIVE ON THE PROPERTY.
    8-1                      SELLER'S DISCLOSURE NOTICE
    8-2        CONCERNING THE PROPERTY AT (street address or legal
    8-3        description and city)
    8-4        THIS DOCUMENT STATES CERTAIN APPLICABLE FACTS ABOUT THE
    8-5        LAND YOU ARE CONSIDERING PURCHASING.
    8-6        CHECK ALL THE ITEMS THAT ARE APPLICABLE OR TRUE:
    8-7        ___ The property is in a recorded subdivision.
    8-8        ___ The property has water service that provides
    8-9        potable water.
   8-10        ___ The property has sewer service.
   8-11        ___ The property has been approved by the appropriate
   8-12        municipal, county, or state agency for installation of
   8-13        a septic system.
   8-14        ___ The property has electric service.
   8-15        ___ The property is not in a floodplain.
   8-16        ___ The roads to the boundaries of the property are
   8-17        paved and maintained by:
   8-18              ___ the seller;
   8-19              ___ the owner of the property on which the road
   8-20              exists;
   8-21              ___ the municipality;
   8-22              ___ the county; or
   8-23              ___ the state.
   8-24        ___ No individual or entity other than the seller:
   8-25              (1)  owns the property;
   8-26              (2)  has a claim of ownership to the property; or
   8-27              (3)  has an interest in the property.
    9-1        ___ No  individual  or  entity has a lien filed against
    9-2        the property.
    9-3        ___ There are no back taxes owed on the property.
    9-4        ___ There are no restrictive covenants, easements, or
    9-5        other title exceptions or encumbrances that prohibit
    9-6        construction of a house on the property.
    9-7        NOTICE:  SELLER ADVISES PURCHASER TO:
    9-8                    (1)  OBTAIN A TITLE ABSTRACT OR TITLE
    9-9        COMMITMENT COVERING THE PROPERTY AND HAVE THE ABSTRACT
   9-10        OR COMMITMENT REVIEWED BY AN ATTORNEY BEFORE SIGNING A
   9-11        CONTRACT OF THIS TYPE; AND
   9-12                    (2)  PURCHASE AN OWNER'S POLICY OF TITLE
   9-13        INSURANCE COVERING THE PROPERTY.
   9-14        ____________________               ____________________
   9-15        (Date)                            (Signature of Seller)
   9-16        ____________________               ____________________
   9-17        (Date)                         (Signature of Purchaser)
   9-18        (b)  If the property is not located in a recorded
   9-19  subdivision, the seller shall provide the purchaser with a separate
   9-20  disclosure form stating that utilities may not be available to the
   9-21  property until the subdivision is recorded as required by law.
   9-22        (c)  If the seller advertises property for sale under an
   9-23  executory contract, the advertisement must disclose information
   9-24  regarding the availability of water, sewer, and electric service.
   9-25        (d)  The seller's failure to provide information required by
   9-26  this section:
   9-27              (1)  is a false, misleading, or deceptive act or
   10-1  practice within the meaning of Section 17.46, Business & Commerce
   10-2  Code, and is actionable in a public or private suit brought under
   10-3  Subchapter E, Chapter 17, Business & Commerce Code; and
   10-4              (2)  entitles the purchaser to cancel and rescind the
   10-5  executory contract and receive a full refund of all payments made
   10-6  to the seller.
   10-7        (e)  Subsection (d) does not limit the purchaser's remedy
   10-8  against the seller for other false, misleading, or deceptive acts
   10-9  or practices actionable in a suit brought under Subchapter E,
  10-10  Chapter 17, Business & Commerce Code.
  10-11        Sec. 5.095.  SELLER'S DISCLOSURE OF FINANCING TERMS.  Before
  10-12  an executory contract is signed by the purchaser, the seller shall
  10-13  provide to the purchaser a written statement that specifies:
  10-14              (1)  the purchase price of the property;
  10-15              (2)  the interest rate charged under the contract;
  10-16              (3)  the dollar amount, or an estimate of the dollar
  10-17  amount if the interest rate is variable, of the interest charged
  10-18  for the term of the contract;
  10-19              (4)  the total amount of principal and interest to be
  10-20  paid under the contract;
  10-21              (5)  the late charge, if any, that may be assessed
  10-22  under the contract; and
  10-23              (6)  the fact that the seller may not charge a
  10-24  prepayment penalty if the purchaser elects to pay the entire amount
  10-25  due under the contract before the scheduled payment date under the
  10-26  contract.
  10-27        Sec. 5.096.  CONTRACT TERMS PROHIBITED.  A seller may not
   11-1  include as a term of the executory contract a provision that:
   11-2              (1)  imposes an additional late-payment fee that
   11-3  exceeds the lesser of:
   11-4                    (A)  eight percent of the monthly payment under
   11-5  the contract; or
   11-6                    (B)  the actual administrative cost of processing
   11-7  the late payment;
   11-8              (2)  prohibits the purchaser from pledging the
   11-9  purchaser's interest in the property as security to obtain a loan
  11-10  to place improvements, including utility improvements or fire
  11-11  protection improvements, on the property; or
  11-12              (3)  imposes a prepayment penalty if the purchaser
  11-13  elects to pay the entire amount due under the contract before the
  11-14  scheduled payment date under the contract.
  11-15        Sec. 5.097.  PURCHASER'S RIGHT TO CANCEL CONTRACT WITHOUT
  11-16  CAUSE.  (a)  In addition to other rights or remedies provided by
  11-17  law, the purchaser may cancel and rescind an executory contract for
  11-18  any reason by sending by telegram or certified or registered mail,
  11-19  return receipt requested, or by delivering in person a signed,
  11-20  written notice of cancellation to the seller not later than the
  11-21  14th day after the date of the contract.
  11-22        (b)  If the purchaser cancels the contract as provided by
  11-23  Subsection (a), the seller shall, not later than the 10th day after
  11-24  the date the seller receives the purchaser's notice of
  11-25  cancellation:
  11-26              (1)  return to the purchaser the executed contract and
  11-27  any property exchanged or payments made by the purchaser under the
   12-1  contract; and
   12-2              (2)  cancel any security interest arising out of the
   12-3  contract.
   12-4        (c)  The seller shall include in immediate proximity to the
   12-5  space reserved in the executory contract for the purchaser's
   12-6  signature a statement printed in 14-point boldface type or 14-point
   12-7  uppercase typewritten letters that reads substantially similar to
   12-8  the following:
   12-9        YOU, THE PURCHASER, MAY CANCEL THIS CONTRACT AT ANY
  12-10        TIME DURING THE NEXT TWO WEEKS.  THE DEADLINE FOR
  12-11        CANCELING THE CONTRACT IS (date).  THE ATTACHED NOTICE
  12-12        OF CANCELLATION EXPLAINS THIS RIGHT.
  12-13        (d)  The seller shall provide a notice of cancellation form
  12-14  to the purchaser at the time the purchaser signs the executory
  12-15  contract that is printed in 14-point boldface type or 14-point
  12-16  uppercase typewritten letters and that reads substantially similar
  12-17  to the following:
  12-18                        NOTICE OF CANCELLATION
  12-19        (date of contract)
  12-20              YOU MAY CANCEL THE EXECUTORY CONTRACT FOR ANY
  12-21        REASON WITHOUT ANY PENALTY OR OBLIGATION BY (date).
  12-22              (1)  YOU MUST SEND BY TELEGRAM OR CERTIFIED OR
  12-23        REGISTERED MAIL, RETURN RECEIPT REQUESTED, OR DELIVER
  12-24        IN PERSON A SIGNED AND DATED COPY OF THIS CANCELLATION
  12-25        NOTICE OR ANY OTHER WRITTEN NOTICE TO (Name of Seller)
  12-26        AT (Seller's Address) BY (date).
  12-27              (2)  THE SELLER SHALL, NOT LATER THAN THE 10TH
   13-1        DAY AFTER THE DATE THE SELLER RECEIVES YOUR
   13-2        CANCELLATION NOTICE:
   13-3                    (A)  RETURN THE EXECUTED CONTRACT AND ANY
   13-4        PROPERTY EXCHANGED OR PAYMENTS MADE BY YOU UNDER THE
   13-5        CONTRACT; AND
   13-6                    (B)  CANCEL ANY SECURITY INTEREST ARISING
   13-7        OUT OF THE CONTRACT.
   13-8        I ACKNOWLEDGE RECEIPT OF THIS NOTICE OF CANCELLATION
   13-9        FORM.
  13-10        ____________________                 __________________
  13-11        (Date)                          (Purchaser's Signature)
  13-12              I HEREBY CANCEL THIS CONTRACT.
  13-13        ____________________                 __________________
  13-14        (Date)                          (Purchaser's Signature)
  13-15        (e)  The seller may not request the purchaser to sign a
  13-16  waiver of receipt of the notice of cancellation form required by
  13-17  this section.
  13-18        Sec. 5.098.  PURCHASER'S RIGHT TO PLEDGE INTEREST IN PROPERTY
  13-19  ON CONTRACTS ENTERED INTO BEFORE SEPTEMBER 1, 1995.  (a)  On an
  13-20  executory contract entered into before September 1, 1995, a
  13-21  purchaser may pledge the interest in the property, which accrues
  13-22  pursuant to Section 5.101, only to obtain a loan for improving the
  13-23  safety of the property or any improvements on the property.
  13-24        (b)  Loans that improve the safety of the property and
  13-25  improvements on the property include loans for:
  13-26              (1)  improving or connecting a residence to water
  13-27  service;
   14-1              (2)  improving or connecting a residence to a
   14-2  wastewater system;
   14-3              (3)  building or improving a septic system;
   14-4              (4)  structural improvements in the residence; and
   14-5              (5)  improved fire protection.
   14-6        Sec. 5.099.  RECORDING REQUIREMENTS.  (a)  Except as provided
   14-7  by Subsection (b), the seller shall record the executory contract,
   14-8  including the attached disclosure statement required by Section
   14-9  5.094, as prescribed by Title 3.
  14-10        (b)  Section 12.002(c) does not apply to an executory
  14-11  contract filed for record under this section.
  14-12        (c)  If the executory contract is terminated for any reason,
  14-13  the seller shall record the instrument that terminates the
  14-14  contract.
  14-15        (d)  The county clerk shall collect the filing fee prescribed
  14-16  by Section 118.011, Local Government Code.
  14-17        Sec. 5.100.  ANNUAL ACCOUNTING STATEMENT.  (a)  The seller
  14-18  shall provide the purchaser with an annual statement in January of
  14-19  each year for the term of the executory contract.  If the seller
  14-20  mails the statement to the purchaser, the statement must be
  14-21  postmarked not later than January 31.
  14-22        (b)  The statement must include the following information:
  14-23              (1)  the amount paid under the contract;
  14-24              (2)  the remaining amount owed under the contract;
  14-25              (3)  the number of payments remaining under the
  14-26  contract; and
  14-27              (4)  the amounts paid to taxing authorities on the
   15-1  purchaser's behalf if collected by the seller.
   15-2        (c)  If the seller fails to comply with Subsection (a), the
   15-3  purchaser may:
   15-4              (1)  notify the seller that the purchaser has not
   15-5  received the statement and will deduct 15 percent of each monthly
   15-6  payment due until the statement is received; and
   15-7              (2)  not earlier than the 25th day after the date the
   15-8  purchaser provides the seller notice under this subsection, deduct
   15-9  15 percent of each monthly payment due until the statement is
  15-10  received by the purchaser.
  15-11        (d)  A purchaser who makes a deduction under Subsection (c)
  15-12  is not required to reimburse the seller for the amount deducted.
  15-13        Sec. 5.101.  EQUITY PROTECTION; SALE OF PROPERTY.  (a)  If a
  15-14  purchaser defaults after the purchaser has paid 40 percent or more
  15-15  of the amount due or the equivalent of 48 monthly payments under
  15-16  the executory contract, the seller is granted the power to sell,
  15-17  through a trustee designated by the seller, the purchaser's
  15-18  interest in the property as provided by this section.  The seller
  15-19  may not enforce the remedy of rescission or of forfeiture and
  15-20  acceleration.
  15-21        (b)  The seller shall notify a purchaser of a default under
  15-22  the contract and allow the purchaser at least 60 days after the
  15-23  date notice is given to cure the default.  The notice must be
  15-24  provided as prescribed by Section 5.062 except that the notice must
  15-25  substitute the following statement:
  15-26                                NOTICE
  15-27        YOU ARE NOT COMPLYING WITH THE TERMS OF THE CONTRACT TO
   16-1        BUY YOUR PROPERTY.  UNLESS YOU TAKE THE ACTION
   16-2        SPECIFIED IN THIS NOTICE BY (date) A TRUSTEE DESIGNATED
   16-3        BY THE SELLER HAS THE RIGHT TO SELL YOUR PROPERTY AT A
   16-4        PUBLIC AUCTION.
   16-5        (c)  The trustee or a substitute trustee designated by the
   16-6  seller must post, file, and serve a notice of sale and the county
   16-7  clerk shall record and maintain the notice of sale as prescribed by
   16-8  Section 51.002.  A notice of sale is not valid unless it is given
   16-9  after the period to cure has expired.
  16-10        (d)  The trustee or a substitute trustee designated by the
  16-11  seller must conduct the sale as prescribed by Section 51.002.  The
  16-12  seller must convey to a purchaser at a sale conducted under this
  16-13  section fee simple title to the real property.
  16-14        (e)  The remaining balance of the amount due under the
  16-15  executory contract is the debt for purposes of a sale under this
  16-16  section.  If the proceeds of the sale exceed the debt amount, the
  16-17  seller shall disburse the excess funds to the purchaser under the
  16-18  executory contract.  If the proceeds of the sale are insufficient
  16-19  to extinguish the debt amount, the seller's right to recover the
  16-20  resulting deficiency is subject to Sections 51.003, 51.004, and
  16-21  51.005 unless a provision of the executory contract releases the
  16-22  purchaser under the contract from liability.
  16-23        (f)  The affidavit of a person knowledgeable of the facts
  16-24  that states that the notice was given and the sale was conducted as
  16-25  provided by this section is prima facie evidence of those facts in
  16-26  an action involving a bona fide purchaser at the sale or a
  16-27  subsequent bona fide purchaser for value if the purchaser under the
   17-1  executory contract is not in possession of the property and if the
   17-2  period to cure the default has expired.  A bona fide purchaser for
   17-3  value who relies on  an affidavit under this subsection acquires
   17-4  title to the property free and clear of the executory contract.
   17-5        (g)  If a purchaser defaults before the purchaser has paid 40
   17-6  percent of the amount due or the equivalent of 48 monthly payments
   17-7  under the executory contract,  the seller may enforce the remedy of
   17-8  rescission or of forfeiture and acceleration of the indebtedness if
   17-9  the seller complies with the notice requirements of Sections 5.061
  17-10  and 5.062.
  17-11        Sec. 5.102.  TITLE TRANSFER.  (a)  The seller shall transfer
  17-12  recorded, legal title of the property covered by the executory
  17-13  contract to the purchaser not later than the 30th day after the
  17-14  date the seller receives the purchaser's final payment due under
  17-15  the contract.
  17-16        (b)  A seller who violates Subsection (a) is subject to a
  17-17  penalty of:
  17-18              (1)  $250 a day for each day the seller fails to
  17-19  transfer the title to the purchaser during the period that begins
  17-20  the 31st day and ends the 90th day after the date the seller
  17-21  receives the purchaser's final payment due under the contract; and
  17-22              (2)  $500 a day for each day the seller fails to
  17-23  transfer title to the purchaser after the 90th day after the date
  17-24  the seller receives the purchaser's final payment due under the
  17-25  contract.
  17-26        (c)  In this section, "seller" includes a successor,
  17-27  assignee, personal representative, executor, or administrator of
   18-1  the seller.
   18-2        Sec. 5.103.  LIABILITY FOR DISCLOSURES.  For purposes of this
   18-3  subchapter, a disclosure required by this subchapter that is made
   18-4  by a seller's agent is a disclosure made by the seller.
   18-5        SECTION 4.  Section 2306.092, Government Code, is amended to
   18-6  read as follows:
   18-7        Sec. 2306.092.  Duties.  The department, through the
   18-8  community affairs division, shall:
   18-9              (1)  maintain communication with local governments and
  18-10  act as an advocate for local governments at the state and federal
  18-11  levels;
  18-12              (2)  assist local governments with advisory and
  18-13  technical services;
  18-14              (3)  provide financial aid to local governments and
  18-15  combinations of local governments for programs that are authorized
  18-16  to receive assistance;
  18-17              (4)  provide information about and referrals for state
  18-18  and federal programs and services that affect local governments;
  18-19              (5)  administer, conduct, or jointly sponsor
  18-20  educational and training programs for local government officials;
  18-21              (6)  conduct research on problems of general concern to
  18-22  local governments;
  18-23              (7)  collect, publish, and distribute information
  18-24  useful to local governments, including information on:
  18-25                    (A)  local government finances and employment;
  18-26                    (B)  housing;
  18-27                    (C)  population characteristics; and
   19-1                    (D)  land-use patterns;
   19-2              (8)  encourage cooperation among local governments as
   19-3  appropriate;
   19-4              (9)  advise and inform the governor and the legislature
   19-5  about the affairs of local governments and recommend necessary
   19-6  action;
   19-7              (10)  assist the governor in coordinating federal and
   19-8  state activities affecting local governments;
   19-9              (11)  administer, as appropriate:
  19-10                    (A)  state responsibilities for programs created
  19-11  under the federal Economic Opportunity Act of 1964 (42 U.S.C.
  19-12  Section 2701 et seq.);
  19-13                    (B)  programs assigned to the department under
  19-14  the Omnibus Budget Reconciliation Act of 1981 (Pub.L. No. 97-35);
  19-15  and
  19-16                    (C)  other federal acts creating economic
  19-17  opportunity programs assigned to the department;
  19-18              (12)  develop a consumer education program to educate
  19-19  consumers on executory contract transactions for conveyance of real
  19-20  property used or to be used as the consumer's residence;
  19-21              (13)  adopt rules that are necessary and proper to
  19-22  carry out programs and responsibilities assigned by the legislature
  19-23  or the governor; and
  19-24              (14) <(13)>  perform other duties relating to local
  19-25  government that are assigned by the legislature or the governor.
  19-26        SECTION 5.  The change in law made by Section 2 of this Act
  19-27  applies to enforcement, cancellation, or rescission of executory
   20-1  contracts on which the purchaser defaults on or after the effective
   20-2  date of this Act regardless of when the contract was entered.  A
   20-3  purchaser who is in default before the effective date of this Act
   20-4  is covered by the law in effect when the default occurred, and the
   20-5  former law is continued in effect for that purpose.
   20-6        SECTION 6.  This Act takes effect September 1, 1995, except
   20-7  that:
   20-8              (1)  Subchapter E, Chapter 5, Property Code, as added
   20-9  by this Act, applies in a county beginning on a date designated by
  20-10  the Texas Department of Housing and Community Affairs, which date
  20-11  must be at least 30 days after the date on which notice is given to
  20-12  the county clerk under that subchapter, but not later than November
  20-13  1, 1995; and
  20-14              (2)  the Texas Department of Housing and Community
  20-15  Affairs shall act as soon as practicable to make the initial
  20-16  determinations under Subchapter E, Chapter 5, Property Code, as
  20-17  added by this Act, and shall publish and give notice of those
  20-18  determinations not later than October 1, 1995.
  20-19        SECTION 7.  The importance of this legislation and the
  20-20  crowded condition of the calendars in both houses create an
  20-21  emergency and an imperative public necessity that the
  20-22  constitutional rule requiring bills to be read on three several
  20-23  days in each house be suspended, and this rule is hereby suspended.