| 1 | 1 | | By: Huffman S.B. No. 485 |
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| 2 | 2 | | (Carter) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to proper venue for certain criminal prosecutions of |
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| 8 | 8 | | mortgage fraud. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 13, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 13.271 to read as follows: |
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| 12 | 12 | | Art. 13.271. PROSECUTION OF MORTGAGE FRAUD. (a) In this |
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| 13 | 13 | | article, "real estate transaction" means a sale, lease, trade, |
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| 14 | 14 | | exchange, gift, grant, or other conveyance of a real property |
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| 15 | 15 | | interest. |
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| 16 | 16 | | (b) Any offense under Chapter 32, Penal Code, that involves |
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| 17 | 17 | | a real estate transaction may be prosecuted in: |
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| 18 | 18 | | (1) the county where the property is located; or |
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| 19 | 19 | | (2) any county in which part of the transaction |
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| 20 | 20 | | occurred, including the generation of documentation supporting the |
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| 21 | 21 | | transaction. |
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| 22 | 22 | | (c) An offense under Section 32.46, 32.48, or 32.49, Penal |
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| 23 | 23 | | Code, that involves a real estate transaction may also be |
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| 24 | 24 | | prosecuted in any county authorized by Article 13.27. |
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| 25 | 25 | | SECTION 2. This Act applies only to a criminal case in which |
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| 26 | 26 | | the indictment, information, or complaint is presented to the court |
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| 27 | 27 | | on or after the effective date of this Act. A criminal case in which |
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| 28 | 28 | | the indictment, information, or complaint was presented to the |
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| 29 | 29 | | court before the effective date of this Act is governed by the law |
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| 30 | 30 | | in effect when the indictment, information, or complaint was |
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| 31 | 31 | | presented, and the former law is continued in effect for that |
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| 32 | 32 | | purpose. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2011. |
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