1. PROPERTY 

2. RESIDENTIAL REAL ESTATE TRANSACTIONS AND DEEDS Effective: 9-1-2011
SB 1320
RESIDENTIAL REAL ESTATE TRANSACTIONS AND DEEDS
Effective:
Statutes Affected: BC Chapter 21 PP
“Deed in lieu of foreclosure”
Applies to 1-4 family dwellings
Seller may not take deed before or at time of sale or loan
Deed is voidable
4 year statute of limitations

3. JURISDICTION SB 1320 Con’td
No jurisdiction in forcible entry and detainer or forcible detainer suit based on deed in lieu of foreclosure
Court must dismiss if tenant files sworn statement alleging that suit is based on deed in lieu of foreclosure

4. HB 1111 TENANT’S FAILURE TO PAY RENT Effective: 1-1-2012
Statutes Affected: PP
 Applies to eviction filed on or after
JUSTICE COURT HAS JURISDICTION TO ISSUE WRIT OF POSSESSION IF TENANT HAS NOT TIMELY PAID RENT INTO REGISTRY OF COURT WITHIN 5 DAYS OF FILING A PAUPER’S AFFIDAVIT

5. HB 1111 TENANT’S FAILURE TO PAY RENT Effective: 1-1-2012
Statutes Affected: PP PP
 Applies to eviction filed on or after
Court must give written notice to tenant at time pauper’s affidavit is filed:
Amount tenant must pay into registry
Form of payment required
Calendar date by which deposit made
Time court closes
Failure to pay may result in issuance of writ of possession

6. HB 1111 TENANT’S FAILURE TO PAY RENT Effective: 1-1-2012
Statutes Affected: PP
Applies to eviction filed on or after
Writ may not issue before 6th day after filing pauper’s affidavit
Writ served in same manner as post-judgment writ of possession
Landlord pays costs of issuance and service
Appeal continues despite issuance of writ

7. HB 1127 CITATION IN EVICTION CASE Effective: 1-1-2012
Statutes Affected: PP
SPECIFIC NOTICE TO PERSONS IN MILITARY IN ENGLISH AND SPANISH:
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 SERVICE MEMBERS CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET SEQ.), OR STATE LAW, INCLUDING SECTION , TEXAS PROPERTY CODE.

8. HB 0079 APPEAL Effective: 1-1-2012 Statutes Affected: PP 24.007
Applies to judgment rendered on or after
ALLOWS APPEAL FROM FINAL JUDGMENT OF COUNTY CIVIL COURT IN EVICTIONS
TO STAY APPEAL, SUPERSEDEAS BOND REQUIRED WITHIN 10 DAYS OF JUDGMENT

9. HB 1168 APPEAL Effective: 9-1-2011 Statutes Affected: SMOKE ALARMS
Substitutes “smoke alarm” for smoke detector
Includes requirements for fire extinguishers in dwelling units
Imposes duties on landlord for repairs and replacement

10. Applies to lease entered into on or after 9-1-2011
HB APPEAL
Effective:
Statutes Affected: PP
Applies to lease entered into on or after
REVOCATION OF CERTIFICATE OF OCCUPANCY
Landlord liable to tenant who is not in default:
full amount of security deposit pro rata portion of rent paid in advance actual damages
i.e. moving, utility connect court costs and attorney’s fees

11. SB 0889 ASSIGNMENT OF RENT Effective: 6-17-2011
Statutes Affected: PP
Notice of assignment must be given to tenant
After notice, tenant obligated to pay assignee all rents
Tenant not discharged from obligation to pay rent to assignee if tenant pays landlord (unless premises is primary residence)

12. Statutes Affected: PP 74.101 PP 74.301 PROPERTY REPORT
HB ESCHEAT
Effective:
Statutes Affected: PP PP
PROPERTY REPORT
Requires holder who holds property on 3-1 to file report on or before following 7-1
Requires holder who holds property on 3-1 to deliver property to comptroller by 7-1, together with report

13. SB 1368 ENCUMBRANCE OF REAL PROPERTY Effective: 6-17-2011
Statutes Affected: PP et seq
Co-owner may act as agent with limited authority to contract and execute deed of trust
Co-owner has resided and maintained property for at least 5 years
Purpose of encumbrance is to preserve or improve residential property
File affidavit with county clerk, and 2 supporting affidavits
Lien may not be disaffirmed by others

14. SB 1496 CORRECTION INSTRUMENTS Effective: 9-1-2011
Statutes Affected: PP 5.027
Correction instrument may make nonmaterial change resulting from clerical error
Must be sent to each party to original instrument or heirs
For material change, all parties to original instrument must execute

15. RECORDS OF PROPERTY OWNERS ASSOCIATIONS Effective: 1-1-2012
HB 2761
RECORDS OF PROPERTY OWNERS ASSOCIATIONS
Effective:
Statutes Affected: PP
DENIAL OF ACCESS TO RECORDS
Give notice to POA of intent to file suit
File petition with Justice Court in precinct in which property located
Remedies:
Judgment ordering release of records
Judgment against POA for costs, atty fees
Judgment to deduct award from assessment

16. SB 0101 FORECLOSURE ON MILITARY Effective: Statutes Affected: PP Notice of sale/deed of trust, or notice of default/mortgage must state: Name and address of sender Warning: 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.

17. HB 1456 SB 0690 LIENS Effective: 1-1-2012 Statutes Affected: PP 59.043
Provisions standardize waiver and release forms
Self-storage facilities
Allows notice to be given:
in person by
by verified mail

18. SB 1810 EXEMPT PROPERTY Effective: 6-17-2011
Statutes Affected: PP
Includes inherited IRA or IRA annuity among employment related plans and accounts that are exempt from attachment, execution, and seizure

19. SB 1187 INDEX NOTICE OF LIS PENDENS Effective: 9-1-2011
Statutes Affected: PP
Lis pendens filed on or after will not be effective until filed for record AND INDEXED
County clerk required to record notice and index record in a direct and reverse index under the name of each party to the proceeding
Lis pendens – a legal notice that property is the subject of a lawsuit