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A BILL TO BE ENTITLED
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AN ACT
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relating to the validity of certain timeshare interests. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Property Code, is amended by adding |
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Chapter 30 to read as follows: |
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CHAPTER 30. ACTION TO DETERMINE VALIDITY OF CERTAIN TIMESHARE |
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INTERESTS |
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Sec. 30.001. APPLICABILITY OF CHAPTER. This chapter |
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applies only to a condominium unit that is: |
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(1) located on a barrier island that borders the Gulf |
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of Mexico; |
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(2) subject to a declaration creating: |
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(A) a condominium regime to which Chapter 81 |
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applies; and |
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(B) a timeshare plan applicable to all or part of |
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the condominium property; and |
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(3) located in a development in which the timeshare |
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association has not paid any fees, dues, assessments, or other |
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charges due to the condominium council of owners for a period of at |
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least three years immediately preceding the filing of an action |
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under this chapter. |
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Sec. 30.002. ACTION AUTHORIZED. If a deed or other |
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instrument has been recorded in the real property records asserting |
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or purporting to convey a timeshare interest in a condominium unit |
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to which this chapter applies, the condominium unit owner may bring |
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an action under this chapter in a district court in the county in |
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which the condominium unit is located seeking a determination that |
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the timeshare interest is: |
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(1) invalid; or |
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(2) void under Section 30.004 or any other law. |
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Sec. 30.003. SERVICE BY PUBLICATION AUTHORIZED. (a) If the |
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whereabouts or identity of the person asserting the timeshare |
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interest or to whom the timeshare interest is purported to have been |
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conveyed is unknown to the person bringing an action under this |
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chapter, citation in the action may be served by publication in a |
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newspaper in the county in which the condominium unit is located. |
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Service by publication in the action is governed by the Texas Rules |
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of Civil Procedure except to the extent of any conflict with this |
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section. |
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(b) The published citation must contain: |
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(1) the physical address of the condominium unit; |
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(2) the county in which the condominium unit is |
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located; |
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(3) the name of the person asserting the timeshare |
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interest in the condominium unit or to whom the timeshare interest |
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is purported to have been conveyed, as shown in the recorded |
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instrument; |
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(4) a description of the timeshare interest asserted |
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in or purported to be conveyed by the recorded instrument; |
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(5) the name and address of the person bringing the |
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action; and |
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(6) a statement that the person bringing the action is |
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seeking a determination that the timeshare interest is invalid or |
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void. |
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Sec. 30.004. INTEREST VOID. (a) A timeshare interest in a |
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condominium unit described by Section 30.001 is void if the person |
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bringing an action establishes that: |
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(1) the person bringing the action holds record title |
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to the condominium unit; |
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(2) on the date the instrument asserting the timeshare |
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interest or purporting to convey the timeshare interest was filed |
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for recording: |
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(A) the person bringing the action held record |
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title to the condominium unit; or |
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(B) record title to the condominium unit was held |
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by a person other than the declarant who precedes the person |
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bringing the action in the chain of title to the unit; |
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(3) the timeshare interest was not conveyed by the |
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person bringing the action or any other person who follows the |
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declarant in the chain of title to the unit; |
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(4) the person asserting the timeshare interest or to |
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whom the timeshare interest is purported to have been conveyed has |
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not paid any required assessments in connection with the timeshare |
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interest for a period of at least three years immediately preceding |
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the filing of the action; and |
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(5) at no time on or after the date the instrument was |
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filed for recording has a person made an attempt to exercise the |
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right to occupy the unit under the timeshare interest. |
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(b) This section does not preclude a determination that a |
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timeshare interest is invalid or void under any other law. |
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Sec. 30.005. DEFAULT JUDGMENT. In an action brought under |
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this chapter, the court may enter a default judgment declaring that |
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a timeshare interest is invalid or void if the person asserting the |
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timeshare interest or to whom the timeshare interest was purported |
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to have been conveyed: |
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(1) was personally served with citation or was cited |
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by publication in accordance with Section 30.003; and |
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(2) fails to timely appear and answer. |
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Sec. 30.006. FINALITY OF JUDGMENT. Notwithstanding Rule |
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329, Texas Rules of Civil Procedure, or any other law, and |
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regardless of the manner of citation or whether the judgment is a |
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default judgment or a judgment on the merits: |
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(1) a motion for a new trial in an action under this |
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chapter must be filed on or before the 30th day after the date the |
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judgment is signed; and |
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(2) the judgment is final and unappealable on the 31st |
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day after the date the judgment is signed. |
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SECTION 2. 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, 2015. |