| S.B. No. 781 | ||
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| relating to remedies available if a subdivider fails to provide | ||
| water or sewer services in certain subdivisions near an | ||
| international border. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subsection (a), Section 232.038, Local | ||
| Government Code, is amended to read as follows: | ||
| (a) Except as provided by Subsection (b), a person who has | ||
| purchased or is purchasing a lot after July 1, 1995, in a | ||
| subdivision for residential purposes that does not have water and | ||
| sewer services as required by this subchapter and is located in an | ||
| economically distressed area, as defined by Section 17.921, Water | ||
| Code, from a subdivider, may bring suit in the district court in | ||
| which the property is located or in a district court in Travis | ||
| County to: | ||
| (1) declare the sale of the property void, [ |
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| require the subdivider to return the purchase price of the | ||
| property,[ |
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| [ |
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| (A) the market value of any permanent | ||
| improvements the person placed on the property; | ||
| (B) actual expenses incurred as a direct result | ||
| of the failure to provide adequate water and sewer facilities; | ||
| (C) court costs; and | ||
| (D) reasonable attorney's fees; or | ||
| (2) enjoin a violation or threatened violation of | ||
| Section 232.032, require the subdivider to plat or replat under | ||
| Section 232.040, and recover from the subdivider: | ||
| (A) actual expenses incurred as a direct result | ||
| of the failure to provide adequate water and sewer facilities; | ||
| (B) court costs; and | ||
| (C) reasonable attorney's fees. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2007. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 781 passed the Senate on | ||
| April 19, 2007, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 781 passed the House on | ||
| May 17, 2007, by the following vote: Yeas 143, Nays 0, two | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||