BILL ANALYSIS |
C.S.H.B. 3079 |
By: Raymond |
Judiciary & Civil Jurisprudence |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties assert that a federal court has ruled that, under the theory of residual statute of limitations, constitutional homestead protections expire after four years and that this erroneous precedent may be applied to other situations. C.S.H.B. 3079 seeks to address this issue.
|
||||||||
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
|
||||||||
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
|
||||||||
ANALYSIS
C.S.H.B. 3079 amends the Civil Practice and Remedies Code to clarify that, along with an action for the recovery of real property, an action to enforce a right or remedy provided by provisions of the Texas Constitution that protect a homestead from forced sale for the payment of debts other than certain debts specifically excepted, if the right or remedy relates to homestead protections in regard to certain extensions of credit, also is excluded from the application of the residual limitations period, which expires four years after the day a cause of action accrues in an action for which there is no express limitations period. The bill clarifies that an action to enforce a right or remedy provided by such provisions is not time-barred regardless of when the cause of action accrued and authorizes such an action to be brought on or after the bill's effective date notwithstanding any application of a statute of limitations to an action filed before such date asserting the same cause of action.
|
||||||||
EFFECTIVE DATE
September 1, 2015. |
||||||||
COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 3079 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
|
||||||||
|