By: Thompson (Senate Sponsor - Harris) H.B. No. 908
         (In the Senate - Received from the House April 18, 2011;
  April 20, 2011, read first time and referred to Committee on
  Jurisprudence; May 6, 2011, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 7, Nays 0;
  May 6, 2011, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 908 By:  Harris
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the division of community property on dissolution of
  marriage.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 7, Family Code, is amended by adding
  Section 7.009 to read as follows:
         Sec. 7.009.  FRAUD ON THE COMMUNITY; DIVISION AND
  DISPOSITION OF RECONSTITUTED ESTATE. (a) In this section,
  "reconstituted estate" means the total value of the community
  estate that would exist if an actual or constructive fraud on the
  community had not occurred.
         (b)  If the trier of fact determines that a spouse has
  committed actual or constructive fraud on the community, the court
  shall:
               (1)  calculate the value by which the community estate
  was depleted as a result of the fraud on the community and calculate
  the amount of the reconstituted estate; and
               (2)  divide the value of the reconstituted estate
  between the parties in a manner the court deems just and right.
         (c)  In making a just and right division of the reconstituted
  estate under Section 7.001, the court may grant any legal or
  equitable relief necessary to accomplish a just and right division,
  including:
               (1)  awarding to the wronged spouse an appropriate
  share of the community estate remaining after the actual or
  constructive fraud on the community;
               (2)  awarding a money judgment in favor of the wronged
  spouse against the spouse who committed the actual or constructive
  fraud on the community; or
               (3)  awarding to the wronged spouse both a money
  judgment and an appropriate share of the community estate.
         SECTION 2.  The change in law made by this Act applies to a
  suit for dissolution of a marriage pending before a trial court on
  or filed on or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2011.
 
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