Tex.
Prop. Code Section 5.014
Notice of Obligations Related to Public Improvement District
(a)
A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A (Short Title), Chapter 372 (Improvement Districts in Municipalities and Counties), Local Government Code, or Chapter 382 (Improvement Projects in Certain Counties), Local Government Code, shall first give to the purchaser of the property the written notice prescribed by Subsection (a-1) or (a-2), as applicable.(a-1)
Except for the notice prescribed by Subsection (a-2), the notice required by Subsection (a) shall be executed by the seller and must, except as provided by Subsection (b), read as follows:(a-2)
For a district described by Section 372.0035 (Common Characteristic or Use for Projects in Municipalities), Local Government Code, the notice required by Subsection (a) shall be executed by the seller and must, except as provided by Subsection (b), read as follows:(b)
The seller or the municipality or county that created the public improvement district may provide additional information regarding the district in the notice prescribed by Subsection (a-1) or (a-2), including whether an assessment has been levied, the amount of the assessment, and the payment schedule for assessments.(c)
This section does not apply to a transfer:(1)
under a court order or foreclosure sale;(2)
by a trustee in bankruptcy;(3)
to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest;(4)
by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure;(5)
by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust;(6)
from one co-owner to another co-owner of an undivided interest in the real property;(7)
to a spouse or a person in the lineal line of consanguinity of the seller;(8)
to or from a governmental entity; or(9)
of only a mineral interest, leasehold interest, or security interest.(d)
For the purposes of this section, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring notice.
Source:
Section 5.014 — Notice of Obligations Related to Public Improvement District, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.5.htm#5.014
(accessed Jun. 5, 2024).