Texas Property Code 5.203 – Notice Requirements for Continuation of Existing Private Transfer Fee Obligations
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(a) A person who receives a private transfer fee under a private transfer fee obligation created before the effective date of this subchapter must, on or before January 31, 2012, file for record a “Notice of Private Transfer Fee Obligation” as provided by this section in the real property records of each county in which the property is located.
(b) Multiple payees of a single private transfer fee under a private transfer fee obligation must designate one payee as the payee of record for the fee.
Terms Used In Texas Property Code 5.203
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) A notice under Subsection (a) must:
(1) be printed in at least 14-point boldface type;
(2) state the amount of the private transfer fee and the method of determination, if applicable;
(3) state the date or any circumstance under which the private transfer fee obligation expires, if any;
(4) state the purpose for which the money from the private transfer fee obligation will be used;
(5) notwithstanding Subsection (b), state the name of each payee and each payee’s contact information;
(6) state the name and address of the payee of record to whom the payment of the fee must be sent;
(7) include the acknowledged signature of each payee or authorized representative of each payee; and
(8) state the legal description of the property subject to the private transfer fee obligation.
(d) A person required to file a notice under this section shall:
(1) refile the notice described by this section not earlier than the 30th day before the third anniversary of the original filing date described by Subsection (a) and within a similar 30-day period every third year thereafter; and
(2) amend the notice to reflect any change in the name or address of any payee included in the notice not later than the 30th day after the date the change occurs.
(e) A person who amends a notice under Subsection (d)(2) must include:
(1) the recording information of the original notice filed as required by this section; and
(2) the legal description of the property subject to the private transfer fee obligation.
(f) If a person required to file a notice under this section fails to comply with this section:
(1) payment of the private transfer fee may not be a requirement for the conveyance of an interest in the property to a purchaser;
(2) the property is not subject to further obligation under the private transfer fee obligation; and
(3) the private transfer fee obligation is void.