By: Duncan  S.B. No. 1456
         (In the Senate - Filed March 6, 2009; March 17, 2009, read
  first time and referred to Committee on State Affairs;
  April 15, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 6, Nays 0; April 15, 2009,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1456 By:  Duncan
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the time for bringing an action on a consumer debt.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 16.004, Civil Practice and Remedies
  Code, is amended by amending Subsection (a) and adding Subsections
  (d) and (e) to read as follows:
         (a)  Except as provided by Subsection (d), a [A] person must
  bring suit on the following actions not later than four years after
  the day the cause of action accrues:
               (1)  specific performance of a contract for the
  conveyance of real property;
               (2)  penalty or damages on the penal clause of a bond to
  convey real property;
               (3)  debt;
               (4)  fraud; or
               (5)  breach of fiduciary duty.
         (d)  A person must bring suit on a cause of action on a
  consumer debt, as defined by Section 392.001, Finance Code, not
  later than four years after the 60th day after the later of:
               (1)  the date of the last payment on the account by the
  debtor other than a payment in violation of the federal Fair Debt
  Collection Practices Act (15 U.S.C. 1692 et seq.) or Subchapter D,
  Chapter 392, Finance Code; or
               (2)  the date of the last charge on the account by the
  debtor.
         (e)  This section does not apply to an action that is subject
  to Section 3.118, Business & Commerce Code.
         SECTION 2.  The change in law made by this Act applies only
  to an action on a consumer debt on which a payment or charge on the
  account is made on or after the effective date of this Act. An
  action on a consumer debt on which a payment or charge is not made on
  or after the effective date of this Act is governed by the law in
  effect immediately before the effective date of this Act, and that
  law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
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