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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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Senate Bill 1320 (the execution of written instruments relating |
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to residential real estate transactions and deeds conveying |
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residential real estate in connection with certain transactions |
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involving residential real estate) to consider and take action on |
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the following matters: |
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(1) Senate Rules 12.03(3) and (4) are suspended to permit |
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the committee to add text on a matter not in disagreement and not |
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included in either the house or senate version of the bill by |
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adding Subsection (d) to proposed Section 21.002, Business & |
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Commerce Code, to read as follows: |
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(d) A purchaser or borrower who is a prevailing party in |
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an action to void a deed under this section may recover |
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reasonable and necessary attorney's fees. |
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Explanation: The addition of text is necessary to |
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authorize purchasers or borrowers to recover reasonable and |
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necessary attorney's fees in an action to void a deed under |
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proposed Section 21.002, Business & Commerce Code. |
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(2) Senate Rule 12.03(2) is suspended to permit the |
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committee to omit text which is not in disagreement in SECTION 1 |
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of the bill, by omitting proposed Section 21.003, Business & |
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Commerce Code, which reads as follows: |
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Sec. 21.003. CIVIL ACTION FOR DAMAGES. A person who |
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violates Section 21.002 is liable to the purchaser or borrower |
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for: |
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(1) actual damages; |
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(2) exemplary damages in an amount equal to or |
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greater than $5,000 and not more than three times the amount of |
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actual damages; |
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(3) court costs; and |
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(4) reasonable attorney's fees. |
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Explanation: The omission of the text is necessary to |
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remove a civil action for damages under proposed Chapter 21, |
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Business & Commerce Code. |
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(3) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter which is not included in either |
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the house or senate version of the bill to proposed Chapter 21, |
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Business & Commerce Code, to read as follows: |
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Sec. 21.003. ACTION BY ATTORNEY GENERAL. (a) The |
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attorney general may bring an action on behalf of the state: |
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(1) for injunctive relief to require compliance |
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with this chapter; |
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(2) to recover a civil penalty of $500 for each |
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violation of this chapter; or |
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(3) for both injunctive relief and to recover the |
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civil penalty. |
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(b) The attorney general is entitled to recover |
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reasonable expenses incurred in obtaining injunctive relief or a |
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civil penalty, or both, under this section, including court costs |
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and reasonable attorney's fees. |
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(c) The court may make such additional orders or |
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judgments as are necessary to return to the purchaser a deed |
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conveying residential real estate that the court finds was |
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acquired by means of any violation of this chapter. |
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(d) In bringing or participating in an action under this |
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chapter, the attorney general acts in the name of the state and |
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does not establish an attorney-client relationship with another |
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person, including a person to whom the attorney general requests |
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that the court award relief. |
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(e) An action by the attorney general must be brought not |
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later than the fourth anniversary of the date the deed was |
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recorded. |
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Explanation: This change is necessary to authorize the |
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attorney general to bring an action for injunctive relief or the |
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recovery of a civil penalty and to allow a court to order the |
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return of a deed to a purchaser under proposed Chapter 21, |
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Business & Commerce Code. |
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(4) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter which is not included in either |
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the house or senate version of the bill by adding the following |
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section to the bill: |
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SECTION 2. Section 121.005(a), Civil Practice and |
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Remedies Code, is amended to read as follows: |
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(a) An officer may not take the acknowledgment of a |
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written instrument unless the officer knows or has satisfactory |
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evidence that the acknowledging person is the person who executed |
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the instrument and is described in it. An officer may accept, as |
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satisfactory evidence of the identity of an acknowledging |
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person, only: |
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(1) the oath of a credible witness personally known |
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to the officer; [or] |
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(2) a current identification card or other document |
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issued by the federal government or any state government that |
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contains the photograph and signature of the acknowledging |
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person; or |
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(3) with respect to a deed or other instrument |
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relating to a residential real estate transaction, a current |
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passport issued by a foreign country. |
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Explanation: This change is necessary to permit an |
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officer to accept a foreign passport as proof of the identity of |
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an individual acknowledging a written instrument relating to a |
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residential real estate transaction. |
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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 |