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AN ACT
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relating to condominiums in certain municipalities, including the |
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exercise of eminent domain authority by those municipalities with |
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respect to certain condominiums. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2206.001, Government Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) Subsection (b)(3) does not prohibit the taking of |
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private property through the use of eminent domain for economic |
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development purposes if the economic development is a secondary |
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purpose resulting from the elimination of urban blight under |
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Subchapter I, Chapter 214, Local Government Code. This subsection |
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expires December 31, 2016. |
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SECTION 2. The heading to Section 82.118, Property Code, is |
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amended to read as follows: |
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Sec. 82.118. SERVICE OF PROCESS ON UNIT OWNERS IN CERTAIN |
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MUNICIPALITIES; CHANGE OF ADDRESS REQUIRED. |
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SECTION 3. Section 82.118, Property Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Not later than the 90th day after the date a unit owner |
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changes the unit owner's mailing address, the owner must provide |
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written notice of the owner's new address to the appraisal district |
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in which the condominium is located. |
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SECTION 4. Section 82.153(a), Property Code, is amended to |
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read as follows: |
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(a) A condominium information statement must contain or |
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accurately disclose: |
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(1) the name and principal address of the declarant |
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and of the condominium; |
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(2) a general description of the condominium that |
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includes the types of units and the maximum number of units; |
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(3) the minimum and maximum number of additional |
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units, if any, that may be included in the condominium; |
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(4) a brief narrative description of any development |
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rights reserved by a declarant and of any conditions relating to or |
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limitations upon the exercise of development rights; |
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(5) copies of the declaration, articles of |
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incorporation of the association, the bylaws, any rules of the |
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association, and amendments to any of them, and copies of leases and |
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contracts, other than loan documents, that are required by the |
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declarant to be signed by purchasers at closing; |
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(6) a projected or pro forma budget for the |
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association that complies with Subsection (b) for the first fiscal |
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year of the association following the date of the first conveyance |
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to a purchaser, identification of the person who prepared the |
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budget, and a statement of the budget's assumptions concerning |
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occupancy and inflation factors; |
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(7) a general description of each lien, lease, or |
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encumbrance on or affecting the title to the condominium after |
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conveyance by the declarant; |
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(8) a copy of each written warranty provided by the |
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declarant; |
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(9) a description of any unsatisfied judgments against |
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the association and any pending suits to which the association is a |
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party or which are material to the land title and construction of |
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the condominium of which a declarant has actual knowledge; |
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(10) a general description of the insurance coverage |
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provided for the benefit of unit owners; |
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(11) current or expected fees or charges to be paid by |
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unit owners for the use of the common elements and other facilities |
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related to the condominium; and |
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(12) for a condominium located wholly or partly in a |
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municipality with a population of more than 1.9 million a statement |
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that a unit owner: |
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(A) as an alternative to personal service, may be |
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served with process by the municipality or the municipality's agent |
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for a judicial or administrative proceeding initiated by the |
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municipality and directly related to the unit owner's property |
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interest in the condominium by serving the unit owner at the unit |
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owner's last known address, according to the records of the |
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appraisal district in which the condominium is located, by any |
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means permitted by Rule 21a, Texas Rules of Civil Procedure; |
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(B) shall [promptly] notify the appraisal |
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district in writing of a change in the unit owner's mailing address |
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not later than the 90th day after the date the unit owner changes |
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the address; and |
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(C) may not offer proof in the judicial or |
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administrative proceeding, or in a subsequent related proceeding, |
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that otherwise proper service by mail of the notice was not received |
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not later than three days after the date the notice was deposited in |
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a post office or official depository under the care and custody of |
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the United States Postal Service. |
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SECTION 5. Chapter 214, Local Government Code, is amended |
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by adding Subchapter I to read as follows: |
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SUBCHAPTER I. EMINENT DOMAIN AUTHORITY OF CERTAIN MUNICIPALITIES |
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TO TAKE ABANDONED CONDOMINIUMS |
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Sec. 214.301. APPLICABILITY. This subchapter applies only |
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to a municipality with a population of more than 1.9 million. |
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Sec. 214.302. DEFINITION. In this subchapter, |
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"condominium" means a condominium as defined by Section 81.002 or |
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82.003, Property Code. |
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Sec. 214.303. EMINENT DOMAIN AUTHORITY. A municipality may |
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take a condominium through the use of eminent domain for the purpose |
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of the elimination of urban blight if a tract or unit of real |
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property on which the condominium sits presents the following |
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conditions for at least one year after the date on which notice of |
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the conditions is reasonably attempted to be provided to the |
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property owner: |
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(1) all lawful occupation of or construction activity |
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for the condominium has ceased; |
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(2) the property: |
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(A) contains uninhabitable, unsafe, and |
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unsanitary units that are not fit for their intended use because the |
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utilities, sewerage, plumbing, or heating or a similar service or |
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facility of the units has been destroyed, removed, or rendered |
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ineffective; or |
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(B) contained units described by Paragraph (A) |
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that were demolished in accordance with a court order issued under |
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Section 54.018, Local Government Code; and |
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(3) the property has been the location of |
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substantiated and repeated illegal activity of which the property |
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owner knew or should have known. |
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Sec. 214.304. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires December 31, 2016. |
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SECTION 6. The change in law made by this Act applies only |
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to a condemnation proceeding in which the condemnation petition is |
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filed on or after the effective date of this Act and to any property |
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condemned through the proceeding. A condemnation proceeding in |
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which the condemnation petition is filed before the effective date |
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of this Act and any property condemned through the proceeding are |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 364 was passed by the House on April |
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13, 2011, by the following vote: Yeas 74, Nays 72, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 364 on May 24, 2011, by the following vote: Yeas 113, Nays 30, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 364 was passed by the Senate, with |
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amendments, on May 21, 2011, by the following vote: Yeas 26, Nays |
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5. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |