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A BILL TO BE ENTITLED
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AN ACT
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relating to promulgation by the supreme court of standard forms for |
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use in certain expedited foreclosure proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 22, Government Code, is |
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amended by adding Section 22.018 to read as follows: |
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Sec. 22.018. PROMULGATION OF FORMS FOR CERTAIN EXPEDITED |
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FORECLOSURE PROCEEDINGS. (a) The supreme court shall promulgate |
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the following forms for use in expedited foreclosure proceedings |
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described by Section 50(r), Article XVI, Texas Constitution: |
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(1) a form for application for an expedited |
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foreclosure proceeding; |
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(2) a form for a supporting affidavit; and |
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(3) a form for any court-required citation. |
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(b) A trial court or court clerk may not refuse to accept a |
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form promulgated by the supreme court under this section filed by an |
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attorney licensed in this state. |
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(c) A court may not refuse the relief sought in an |
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application for an expedited foreclosure proceeding described by |
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Section 50(r), Article XVI, Texas Constitution, on the basis of any |
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formal defect in a filed form that substantially complies with a |
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form promulgated under this section. |
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SECTION 2. Not later than March 1, 2014, the Texas Supreme |
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Court shall promulgate the forms required by Section 22.018, |
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Government Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2013. |