Bill Text: TX HB2590 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to providing a remedy for fraud committed in certain real estate transactions.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2015-06-19 - Effective on 9/1/15 [HB2590 Detail]
Download: Texas-2015-HB2590-Enrolled.html
| H.B. No. 2590 | ||
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| relating to providing a remedy for fraud committed in certain real | ||
| estate transactions. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 27, Business & Commerce Code, is amended | ||
| by adding Section 27.015 to read as follows: | ||
| Sec. 27.015. DECEPTIVE TRADE PRACTICE; PUBLIC REMEDY. (a) | ||
| In this section, "consumer protection division" has the meaning | ||
| assigned by Section 17.45. | ||
| (b) A violation of Section 27.01 that relates to the | ||
| transfer of title to real estate is a false, misleading, or | ||
| deceptive act or practice as defined by Section 17.46(b), and any | ||
| public remedy under Subchapter E, Chapter 17, is available for a | ||
| violation of that section. | ||
| (c) It is the duty of city attorneys to lend the consumer | ||
| protection division any reasonable assistance requested in the | ||
| commencement and prosecution of actions under this section. | ||
| (d) To the same extent and in the same manner a district or | ||
| county attorney may institute or prosecute an action under this | ||
| section, a city attorney may institute or prosecute an action under | ||
| this section. | ||
| (e) If a district, county, or city attorney brings an action | ||
| under this section, 75 percent of any penalty recovered shall be | ||
| deposited in the general fund of the county or municipality in which | ||
| the violation occurred. | ||
| (f) This section does not apply to an action to recover | ||
| damages that is subject to Chapter 27, Property Code. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| a violation of Section 27.01, Business & Commerce Code, that occurs | ||
| on or after the effective date of this Act. A violation of Section | ||
| 27.01, Business & Commerce Code, that occurs before the effective | ||
| date of this Act is governed by the law in effect on the date the | ||
| violation occurred, and the former law is continued in effect for | ||
| that purpose. For purposes of this section, a violation occurs | ||
| before the effective date of this Act if any element of the | ||
| violation occurs before that date. | ||
| SECTION 3. This Act takes effect September 1, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2590 was passed by the House on May 5, | ||
| 2015, by the following vote: Yeas 145, Nays 0, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 2590 on May 28, 2015, by the following vote: Yeas 143, Nays 0, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2590 was passed by the Senate, with | ||
| amendments, on May 26, 2015, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
