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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 82nd Legislature, Regular Session, 2011, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on House Bill 213 (certain loans secured by |
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a lien on residential real property and other transactions |
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involving residential real property; providing civil penalties) to |
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consider and take action on the following matter: |
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House Rule 13, Section 9(a)(2), is suspended to permit the |
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committee to omit text not in disagreement in SECTION 1 of the bill |
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from added Chapter 397, Finance Code, that reads as follows: |
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Sec. 397.102. ACTION BY DEBTOR. In addition to any other |
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legal and equitable remedy available, a debtor injured by a |
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violation of this chapter may bring an action for recovery of actual |
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damages, including reasonable attorney's fees. |
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Sec. 397.102. ACTION BY BORROWER. In addition to any other |
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legal and equitable remedy available, a borrower injured by a |
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violation of this chapter may bring an action: |
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. . . |
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(2) to recover: |
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(A) actual damages, including reasonable |
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attorney's fees; . . . . |
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Explanation: The omission of the text is necessary to remove |
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the authorization of a private cause of action under added Chapter |
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397, Finance Code. |
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Rodriguez |
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______________________________ |
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Speaker of the House |
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I certify that H.R. No. 2697 was adopted by the House on May |
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29, 2011, by the following vote: Yeas 146, Nays 3, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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