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A BILL TO BE ENTITLED
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AN ACT
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relating to the statute of limitations applicable to certain |
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actions on a claim under a marital property agreement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 4, Family Code, is amended |
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by adding Section 4.107 to read as follows: |
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Sec. 4.107. LIMITATION OF ACTIONS. A statute of |
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limitations applicable to an action asserting a claim for relief |
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under an agreement under this subchapter is tolled during the |
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marriage of the parties to the agreement. However, equitable |
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defenses limiting the time for enforcement, including laches and |
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estoppel, are available to either party. |
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SECTION 2. Subchapter C, Chapter 4, Family Code, is amended |
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by adding Section 4.207 to read as follows: |
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Sec. 4.207. LIMITATION OF ACTIONS. A statute of |
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limitations applicable to an action asserting a claim for relief |
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under an agreement under this subchapter is tolled during the |
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marriage of the parties to the agreement. However, equitable |
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defenses limiting the time for enforcement, including laches and |
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estoppel, are available to either party. |
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SECTION 3. The changes in law made by this Act apply to an |
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agreement under Subchapter B or C, Chapter 4, Family Code, without |
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regard to whether the agreement was made before, on, or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |