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A BILL TO BE ENTITLED
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AN ACT
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relating to the time for bringing an action on a consumer debt. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.004, Civil Practice and Remedies |
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Code, is amended by amending Subsection (a) and adding Subsections |
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(d) and (e) to read as follows: |
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(a) Except as provided by Subsection (d), a [A] person must |
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bring suit on the following actions not later than four years after |
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the day the cause of action accrues: |
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(1) specific performance of a contract for the |
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conveyance of real property; |
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(2) penalty or damages on the penal clause of a bond to |
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convey real property; |
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(3) debt; |
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(4) fraud; or |
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(5) breach of fiduciary duty. |
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(d) A person must bring suit on a cause of action on a |
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consumer debt, as defined by Section 392.001, Finance Code, not |
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later than four years after the 60th day after the later of: |
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(1) the date of the last payment on the account by the |
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debtor other than a payment in violation of the federal Fair Debt |
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Collection Practices Act (15 U.S.C. Section 1692 et seq.) or |
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Subchapter D, Chapter 392, Finance Code; or |
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(2) the date of the last charge on the account by the |
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debtor. |
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(e) This section does not apply to an action that is subject |
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to Section 3.118, Business & Commerce Code. |
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SECTION 2. The change in law made by this Act applies only |
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to an action on a consumer debt on which a payment or charge on the |
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account is made on or after the effective date of this Act. An |
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action on a consumer debt on which a payment or charge is not made on |
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or after the effective date of this Act is governed by the law in |
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effect immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |