By: Huffman S.B. No. 485
(In the Senate - Filed February 1, 2011; February 14, 2011,
read first time and referred to Committee on Jurisprudence;
March 14, 2011, reported favorably by the following vote: Yeas 5,
Nays 0; March 14, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to proper venue for certain criminal prosecutions of
mortgage fraud.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 13, Code of Criminal Procedure, is
amended by adding Article 13.271 to read as follows:
Art. 13.271. PROSECUTION OF MORTGAGE FRAUD. (a) In this
article, "real estate transaction" means a sale, lease, trade,
exchange, gift, grant, or other conveyance of a real property
interest.
(b) Any offense under Chapter 32, Penal Code, that involves
a real estate transaction may be prosecuted in:
(1) the county where the property is located; or
(2) any county in which part of the transaction
occurred, including the generation of documentation supporting the
transaction.
(c) An offense under Section 32.46, 32.48, or 32.49, Penal
Code, that involves a real estate transaction may also be
prosecuted in any county authorized by Article 13.27.
SECTION 2. This Act applies only to a criminal case in which
the indictment, information, or complaint is presented to the court
on or after the effective date of this Act. A criminal case in which
the indictment, information, or complaint was presented to the
court before the effective date of this Act is governed by the law
in effect when the indictment, information, or complaint was
presented, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2011.
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