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A BILL TO BE ENTITLED
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AN ACT
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relating to mortgage fraud; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 402.031(a)(1), Government Code, as added |
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by Chapter 285 (H.B. 716), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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(1) "Authorized governmental agency" means: |
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(A) the attorney general; |
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(B) a local or state law enforcement agency of |
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this state or a federal law enforcement agency; |
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(C) a prosecuting attorney of the United States |
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or of a county or judicial district of this state; or |
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(D) the Department of Public Safety, the Texas |
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Department of Insurance, the Office of Consumer Credit |
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Commissioner, the Texas Department of Banking, the credit union |
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department, the Department of Savings and Mortgage Lending, the |
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Texas Real Estate Commission, [or] the Texas Appraiser Licensing |
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and Certification Board, or the Texas Department of Housing and |
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Community Affairs. |
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SECTION 2. Section 402.032(c), Government Code, is amended |
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to read as follows: |
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(c) The task force consists of the following persons or |
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their appointees: |
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(1) the attorney general; |
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(2) the consumer credit commissioner; |
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(3) the banking commissioner; |
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(4) the credit union commissioner; |
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(5) the commissioner of insurance; |
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(6) the savings and mortgage lending commissioner; |
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(7) the presiding officer of the Texas Real Estate |
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Commission; [and] |
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(8) the presiding officer of the Texas Appraiser |
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Licensing and Certification Board; and |
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(9) a representative of the Texas Department of |
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Housing and Community Affairs. |
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SECTION 3. Section 555.051(a), Government Code, is amended |
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to read as follows: |
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(a) This section applies only to information held by or for |
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the office of the attorney general, the Texas Department of |
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Insurance, the Texas State Board of Public Accountancy, the Public |
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Utility Commission of Texas, the State Securities Board, the |
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Department of Savings and Mortgage Lending, the Texas Real Estate |
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Commission, the Texas Appraiser Licensing and Certification Board, |
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the Texas Department of Banking, the credit union department, [or] |
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the Office of Consumer Credit Commissioner, or the Texas Department |
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of Housing and Community Affairs that relates to the possible |
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commission of corporate fraud or mortgage fraud by a person who is |
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licensed or otherwise regulated by any of those state agencies. In |
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this subsection, "corporate fraud" means a violation of state or |
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federal law or rules relating to fraud committed by a corporation, |
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limited liability company, or registered limited liability |
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partnership or an officer, director, or partner of those entities |
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while acting in a representative capacity. |
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SECTION 4. The heading to Section 32.32, Penal Code, is |
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amended to read as follows: |
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Sec. 32.32. FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT OR |
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IN THE PROVISION OF CERTAIN SERVICES. |
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SECTION 5. Section 32.32, Penal Code, is amended by adding |
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Subsection (b-1) and amending Subsection (d) to read as follows: |
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(b-1) A person commits an offense if the person |
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intentionally or knowingly makes a materially false or misleading |
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written statement in providing an appraisal of real property for |
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compensation. |
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(d) The following agencies shall assist a prosecuting |
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attorney of the United States or of a county or judicial district of |
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this state, a county or state law enforcement agency of this state, |
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or a federal law enforcement agency in the investigation of an |
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offense under this section involving a mortgage loan: |
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(1) the office of the attorney general; |
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(2) the Department of Public Safety; |
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(3) the Texas Department of Insurance; |
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(4) the Office of Consumer Credit Commissioner; |
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(5) the Texas Department of Banking; |
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(6) the credit union department; |
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(7) the Department of Savings and Mortgage Lending; |
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(8) the Texas Real Estate Commission; [and] |
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(9) the Texas Appraiser Licensing and Certification |
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Board; and |
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(10) the Texas Department of Housing and Community |
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Affairs. |
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SECTION 6. This Act takes effect September 1, 2009. |