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AN ACT
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relating to notice of water and wastewater requirements before |
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certain sales of certain residential properties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 232, Local Government |
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Code, is amended by adding Section 232.0315 to read as follows: |
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Sec. 232.0315. NOTICE OF WATER AND WASTEWATER REQUIREMENTS |
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BY COUNTIES. (a) This section applies only to a county that sells: |
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(1) under Section 34.01, Tax Code, real property |
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presumed to be for residential use under Section 232.022; or |
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(2) under Section 3, Part VI, Texas Rules of Civil |
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Procedure, and Chapter 34, Civil Practice and Remedies Code, real |
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property presumed to be for residential use under Section 232.022, |
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taken by virtue of a writ of execution. |
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(b) A county shall include in the public notice of sale of |
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the property and the deed conveying the property a statement |
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substantially similar to the following: |
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"THIS SALE IS BEING CONDUCTED PURSUANT TO STATUTORY OR |
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JUDICIAL REQUIREMENTS. BIDDERS WILL BID ON THE RIGHTS, TITLE, AND |
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INTERESTS, IF ANY, IN THE REAL PROPERTY OFFERED. |
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"THE PROPERTY IS SOLD AS IS, WHERE IS, AND WITHOUT ANY |
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WARRANTY, EITHER EXPRESS OR IMPLIED. NEITHER THE COUNTY NOR THE |
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SHERIFF'S DEPARTMENT WARRANTS OR MAKES ANY REPRESENTATIONS ABOUT |
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THE PROPERTY'S TITLE, CONDITION, HABITABILITY, MERCHANTABILITY, OR |
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FITNESS FOR A PARTICULAR PURPOSE. BUYERS ASSUME ALL RISKS. |
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"IN SOME SITUATIONS, A LOT OF FIVE ACRES OR LESS IS PRESUMED |
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TO BE INTENDED FOR RESIDENTIAL USE. HOWEVER, IF THE PROPERTY LACKS |
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WATER OR WASTEWATER SERVICE, THE PROPERTY MAY NOT QUALIFY FOR |
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RESIDENTIAL USE. A POTENTIAL BUYER WHO WOULD LIKE MORE INFORMATION |
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SHOULD MAKE ADDITIONAL INQUIRIES OR CONSULT WITH PRIVATE COUNSEL." |
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(c) The statement required by Subsection (b) must be: |
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(1) printed: |
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(A) in English and Spanish; and |
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(B) in 14-point boldface type or 14-point |
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uppercase typewritten letters; and |
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(2) read aloud at the sale, in English and Spanish, by |
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an agent of the county. |
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(d) A sale conducted in violation of this section is void. |
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SECTION 2. The changes in law made by this Act apply only to |
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a sale for which public notice is required on or after the effective |
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date of this Act. A sale for which public notice is required before |
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the effective date of this Act is covered by the law in effect when |
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the public notice was provided, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. 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 hereby certify that S.B. No. 1760 passed the Senate on |
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May 5, 2011, by the following vote: Yeas 26, Nays 5; and that the |
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Senate concurred in House amendment on May 27, 2011, by the |
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following vote: Yeas 26, Nays 5. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1760 passed the House, with |
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amendment, on May 23, 2011, by the following vote: Yeas 142, |
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Nays 0, one 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 |