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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 82nd |
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Legislature, Regular Session, 2011, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill 213 (certain loans secured by a lien on residential |
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real property and other transactions involving residential real |
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property; providing civil penalties) to consider and take action |
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on the following matter: |
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Senate Rule 12.03(2) is suspended to permit the committee |
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to omit text not in disagreement in SECTION 1 of the bill, from |
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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 |
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actual damages, including reasonable attorney's fees. |
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Sec. 397.102. ACTION BY BORROWER. In addition to any |
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other legal and equitable remedy available, a borrower injured by |
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a 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 |
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remove the authorization of a private cause of action under added |
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Chapter 397, Finance Code. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 29, 2011, by the |
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_______________________________ |
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Secretary of the Senate |