Texas House Bill HB1343

Texas 2011 - 82nd Regular

• Out of House Committee: 3/24/11
• Introduced: 2/14/11
• Voted on by House: 4/8/11
• Refer: 3/1/11
• Report Pass: 3/22/11
• Engrossed: 4/8/11
• Refer: 5/4/11

Caption

Relating to proper venue for certain criminal prosecutions of mortgage fraud.

Impact

The implications of HB1343 are significant in terms of jurisdiction and the handling of mortgage fraud cases. By allowing prosecutions not only in the county where the property is located but also in other counties involved in the transaction, the bill aims to streamline legal processes and ensure that offenses can be pursued more effectively, reflecting the realities of modern real estate transactions which often cross county lines. This legislative adjustment seeks to enhance the state's ability to combat mortgage fraud by making it easier for prosecutors to bring cases forward.

Summary

House Bill 1343 addresses the venue for prosecuting certain criminal offenses related to mortgage fraud in Texas. Specifically, it amends the Code of Criminal Procedure by adding Article 13.271, which provides clear definitions and stipulations regarding the prosecution of offenses that involve real estate transactions. This includes a range of activities such as sales, leases, and exchanges, offering specific venues where such offenses may be prosecuted, namely in the county where the property is located or in any county where part of the transaction occurred.

Contention

Some points of contention may arise regarding the interpretation of 'real estate transaction' and the potential for increased legal disputes over jurisdiction. Stakeholders might express concerns about the fairness of prosecutions occurring in multiple counties and how that could impact defendants' rights. Furthermore, the bill's retroactive application, only affecting cases where indictments occur after the bill's effective date, could prompt discussions regarding its fairness and transparency in prosecutorial practices.