82R32263 JE-D
By: Rodriguez H.R. No. 2697
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 82nd Legislature, Regular Session, 2011, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on House Bill 213 (certain loans secured by
a lien on residential real property and other transactions
involving residential real property; providing civil penalties) to
consider and take action on the following matter:
House Rule 13, Section 9(a)(2), is suspended to permit the
committee to omit text not in disagreement in SECTION 1 of the bill
from added Chapter 397, Finance Code, that reads as follows:
Sec. 397.102. ACTION BY DEBTOR. In addition to any other
legal and equitable remedy available, a debtor injured by a
violation of this chapter may bring an action for recovery of actual
damages, including reasonable attorney's fees.
Sec. 397.102. ACTION BY BORROWER. In addition to any other
legal and equitable remedy available, a borrower injured by a
violation of this chapter may bring an action:
. . .
(2) to recover:
(A) actual damages, including reasonable
attorney's fees; . . . .
Explanation: The omission of the text is necessary to remove
the authorization of a private cause of action under added Chapter
397, Finance Code.