82R5640 NC-D
 
  By: Miles H.B. No. 1218
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to foreclosure sales of residential real property occupied
  by a tenant.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 24.005(b), Property Code, is amended to
  read as follows:
         (b)  If the occupant is a tenant at will or by sufferance, the
  landlord must give the tenant at least three days' written notice to
  vacate before the landlord files a forcible detainer suit unless
  the parties have contracted for a shorter or longer notice period in
  a written lease or agreement. If a building is purchased at a tax
  foreclosure sale or a trustee's foreclosure sale under a lien
  superior to the tenant's lease and the tenant timely pays rent and
  is not otherwise in default under the tenant's lease after
  foreclosure, the purchaser must give a residential tenant of the
  building at least 90 [30] days' written notice to vacate if the
  purchaser chooses not to continue the lease. The tenant is
  considered to timely pay the rent under this subsection if, during
  the month of the foreclosure sale, the tenant pays the rent for that
  month to the landlord before receiving any notice that a
  foreclosure sale is scheduled during the month or pays the rent for
  that month to the foreclosing lienholder or the purchaser at
  foreclosure not later than the fifth day after the date of receipt
  of a written notice of the name and address of the purchaser that
  requests payment and, if applicable, pays to the purchaser each
  rental payment that becomes due under the existing lease after the
  month of the foreclosure sale and before the date on which the
  tenant is required to vacate. Before a foreclosure sale, a
  foreclosing lienholder may give written notice to a tenant stating
  that a foreclosure notice has been given to the landlord or owner of
  the property and specifying the date of the foreclosure.
         SECTION 2.  The changes in law made by this Act apply only to
  residential real property purchased at a foreclosure sale on or
  after the effective date of this Act. Residential real property
  purchased at a foreclosure sale before the effective date of this
  Act is governed by the law in effect 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, 2011.