82R32024 JE-D
By: Gonzales of Hidalgo H.R. No. 2703
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 Senate Bill 1320 (the execution of
written instruments relating to residential real estate
transactions and deeds conveying residential real estate in
connection with certain transactions involving residential real
estate) to consider and take action on the following matters:
(1) House Rule 13, Sections 9(a)(3) and (4), are suspended
to permit the committee to add text on a matter not in disagreement
and not included in either the house or senate version of the bill
by adding Subsection (d) to proposed Section 21.002, Business &
Commerce Code, to read as follows:
(d) A purchaser or borrower who is a prevailing party in an
action to void a deed under this section may recover reasonable and
necessary attorney's fees.
Explanation: The addition of text is necessary to authorize
purchasers or borrowers to recover reasonable and necessary
attorney's fees in an action to void a deed under proposed Section
21.002, Business & Commerce Code.
(2) House Rule 13, Section 9(a)(2), is suspended to permit
the committee to omit text which is not in disagreement in SECTION 1
of the bill, by omitting proposed Section 21.003, Business &
Commerce Code, which reads as follows:
Sec. 21.003. CIVIL ACTION FOR DAMAGES. A person who
violates Section 21.002 is liable to the purchaser or borrower for:
(1) actual damages;
(2) exemplary damages in an amount equal to or greater
than $5,000 and not more than three times the amount of actual
damages;
(3) court costs; and
(4) reasonable attorney's fees.
Explanation: The omission of the text is necessary to remove
a civil action for damages under proposed Chapter 21, Business &
Commerce Code.
(3) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add text on a matter which is not included in
either the house or senate version of the bill to proposed Chapter
21, Business & Commerce Code, to read as follows:
Sec. 21.003. ACTION BY ATTORNEY GENERAL. (a) The attorney
general may bring an action on behalf of the state:
(1) for injunctive relief to require compliance with
this chapter;
(2) to recover a civil penalty of $500 for each
violation of this chapter; or
(3) for both injunctive relief and to recover the
civil penalty.
(b) The attorney general is entitled to recover reasonable
expenses incurred in obtaining injunctive relief or a civil
penalty, or both, under this section, including court costs and
reasonable attorney's fees.
(c) The court may make such additional orders or judgments
as are necessary to return to the purchaser a deed conveying
residential real estate that the court finds was acquired by means
of any violation of this chapter.
(d) In bringing or participating in an action under this
chapter, the attorney general acts in the name of the state and does
not establish an attorney-client relationship with another person,
including a person to whom the attorney general requests that the
court award relief.
(e) An action by the attorney general must be brought not
later than the fourth anniversary of the date the deed was recorded.
Explanation: This change is necessary to authorize the
attorney general to bring an action for injunctive relief or the
recovery of a civil penalty and to allow a court to order the return
of a deed to a purchaser under proposed Chapter 21, Business &
Commerce Code.
(4) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add text on a matter which is not included in
either the house or senate version of the bill by adding the
following section to the bill:
SECTION 2. Section 121.005(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) An officer may not take the acknowledgment of a written
instrument unless the officer knows or has satisfactory evidence
that the acknowledging person is the person who executed the
instrument and is described in it. An officer may accept, as
satisfactory evidence of the identity of an acknowledging person,
only:
(1) the oath of a credible witness personally known to
the officer; [or]
(2) a current identification card or other document
issued by the federal government or any state government that
contains the photograph and signature of the acknowledging person;
or
(3) with respect to a deed or other instrument
relating to a residential real estate transaction, a current
passport issued by a foreign country.
Explanation: This change is necessary to permit an officer
to accept a foreign passport as proof of the identity of an
individual acknowledging a written instrument relating to a
residential real estate transaction.