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By: Johnson, et al. (Senate Sponsor - West) |
H.B. No. 2590 |
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(In the Senate - Received from the House May 6, 2015; |
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May 7, 2015, read first time and referred to Committee on State |
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Affairs; May 22, 2015, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 8, Nays 0; |
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May 22, 2015, sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR H.B. No. 2590 |
By: Ellis |
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A BILL TO BE ENTITLED
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AN ACT
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relating to providing a remedy for fraud committed in certain real |
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estate transactions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 27, Business & Commerce Code, is amended |
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by adding Section 27.015 to read as follows: |
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Sec. 27.015. DECEPTIVE TRADE PRACTICE; PUBLIC REMEDY. (a) |
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In this section, "consumer protection division" has the meaning |
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assigned by Section 17.45. |
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(b) A violation of Section 27.01 that relates to the |
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transfer of title to real estate is a false, misleading, or |
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deceptive act or practice as defined by Section 17.46(b), and any |
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public remedy under Subchapter E, Chapter 17, is available for a |
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violation of that section. |
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(c) It is the duty of city attorneys to lend the consumer |
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protection division any reasonable assistance requested in the |
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commencement and prosecution of actions under this section. |
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(d) To the same extent and in the same manner a district or |
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county attorney may institute or prosecute an action under this |
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section, a city attorney may institute or prosecute an action under |
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this section. |
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(e) If a district, county, or city attorney brings an action |
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under this section, 75 percent of any penalty recovered shall be |
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deposited in the general fund of the county or municipality in which |
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the violation occurred. |
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(f) This section does not apply to an action to recover |
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damages that is subject to Chapter 27, Property Code. |
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SECTION 2. The changes in law made by this Act apply only to |
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a violation of Section 27.01, Business & Commerce Code, that occurs |
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on or after the effective date of this Act. A violation of Section |
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27.01, Business & Commerce Code, that occurs before the effective |
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date of this Act is governed by the law in effect on the date the |
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violation occurred, and the former law is continued in effect for |
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that purpose. For purposes of this section, a violation occurs |
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before the effective date of this Act if any element of the |
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violation occurs before that date. |
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SECTION 3. This Act takes effect September 1, 2015. |
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