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AN ACT
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relating to the liability of a political subdivision of this state |
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for certain claims relating to land acquired by the political |
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subdivision under certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 101.064, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 101.064. LAND ACQUIRED UNDER FORECLOSURE OF LIEN OR BY |
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CONVEYANCE IN SATISFACTION OF CERTAIN TAX DEBT. (a) This chapter |
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does not apply to a claim: |
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(1) against [section applies only to] a political |
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subdivision of this state [municipality] that acquires land: |
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(A) as a result of [at a sale following] the |
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foreclosure of a lien held by the political subdivision, including |
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land that was bid off to the political subdivision under Section |
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34.01, Tax Code; or |
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(B) under Section 31.061, Tax Code; |
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(2) that [municipality.
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[(b) This chapter does not apply to a claim that:
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[(1)] arises after the date the land was acquired and |
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before the date the land is sold, conveyed, or exchanged by the |
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political subdivision [municipality]; and |
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(3) that [(2)] arises from: |
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(A) the condition of the land; |
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(B) a premises defect on the land; or |
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(C) an action committed by any person, other than |
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an agent or employee of the political subdivision [municipality], |
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on the land. |
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(b) [(c)] In this section, [the term] "land" includes any |
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building or improvement located on land acquired by a political |
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subdivision [municipality]. |
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SECTION 2. The change in law made by this Act applies only |
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to a claim that arises on or after the effective date of this Act, |
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regardless of whether the land was acquired by a political |
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subdivision before, on, or after the effective date of this Act. A |
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claim that arises before the effective date of this Act is governed |
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by the law applicable to the claim immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 450 passed the Senate on |
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April 15, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 450 passed the House on |
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May 19, 2015, by the following vote: Yeas 146, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |