Bill Text: TX HB1127 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to notice of relief available to certain members of the military required to be provided in certain real property documentation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-17 - Effective on 1/1/12 [HB1127 Detail]
Download: Texas-2011-HB1127-Enrolled.html
H.B. No. 1127 |
|
||
relating to notice of relief available to certain members of the | ||
military required to be provided in certain real property | ||
documentation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 24.0051(d), Property Code, is amended to | ||
read as follows: | ||
(d) In a suit described by Subsection (c), the citation | ||
required by Rule 739, Texas Rules of Civil Procedure, must include | ||
the following notice to the defendant on the first page of the | ||
citation in English and Spanish and in conspicuous bold print: | ||
SUIT TO EVICT | ||
THIS SUIT TO EVICT INVOLVES IMMEDIATE DEADLINES. A TENANT | ||
WHO IS SERVING ON ACTIVE MILITARY DUTY MAY HAVE SPECIAL RIGHTS OR | ||
RELIEF RELATED TO THIS SUIT UNDER FEDERAL LAW, INCLUDING THE | ||
SERVICEMEMBERS CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET | ||
SEQ.), OR STATE LAW, INCLUDING SECTION 92.017, TEXAS PROPERTY CODE. | ||
CALL THE STATE BAR OF TEXAS TOLL-FREE AT 1-877-9TEXBAR IF YOU NEED | ||
HELP LOCATING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE AN | ||
ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST LEGAL | ||
ASSISTANCE. | ||
SECTION 2. Section 51.002, Property Code, is amended by | ||
adding Subsection (i) to read as follows: | ||
(i) A notice served on a debtor under this section must | ||
contain, in addition to any other statements required under this | ||
section, language substantially similar to the following: | ||
"Assert and protect your rights as a member of the armed | ||
forces of the United States. If you are or your spouse is serving on | ||
active military duty, including active military duty as a member of | ||
the Texas National Guard or the National Guard of another state or | ||
as a member of a reserve component of the armed forces of the United | ||
States, please send written notice of the active duty military | ||
service to the sender of this notice immediately." | ||
SECTION 3. Section 209.006(b), Property Code, is amended to | ||
read as follows: | ||
(b) The notice must: | ||
(1) describe the violation or property damage that is | ||
the basis for the suspension action, charge, or fine and state any | ||
amount due the association from the owner; and | ||
(2) inform the owner that the owner: | ||
(A) is entitled to a reasonable period to cure | ||
the violation and avoid the fine or suspension unless the owner was | ||
given notice and a reasonable opportunity to cure a similar | ||
violation within the preceding six months; [ |
||
(B) may request a hearing under Section 209.007 | ||
on or before the 30th day after the date the owner receives the | ||
notice; and | ||
(C) may have special rights or relief related to | ||
the enforcement action under federal law, including the | ||
Servicemembers Civil Relief Act (50 U.S.C. app. Section 501 et | ||
seq.), if the owner is serving on active military duty. | ||
SECTION 4. The change in law made by Section 24.0051, | ||
Property Code, as amended by this Act, applies only to a suit for | ||
which notice is required under Chapter 24, Property Code, that is | ||
filed on or after the effective date of this Act. A suit for which | ||
notice is required under Chapter 24, Property Code, that is filed | ||
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 5. The change in law made by Section 51.002, | ||
Property Code, as amended by this Act, applies only to a sale for | ||
which a notice is required under that section on or after the | ||
effective date of this Act. A sale for which notice is required | ||
under Section 51.002, Property Code, 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 6. The change in law made by Section 209.006, | ||
Property Code, as amended by this Act, applies only to an | ||
enforcement action for which a notice is required under that | ||
section that commences on or after the effective date of this Act. | ||
An enforcement action for which notice is required under Section | ||
209.006, Property Code, that commences before the effective date of | ||
this Act is governed by the law in effect when the enforcement | ||
action commenced, and that law is continued in effect for that | ||
purpose. | ||
SECTION 7. This Act takes effect January 1, 2012. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1127 was passed by the House on April | ||
26, 2011, by the following vote: Yeas 148, Nays 0, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1127 on May 21, 2011, by the following vote: Yeas 138, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1127 was passed by the Senate, with | ||
amendments, on May 19, 2011, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |