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