By: Lucio S.R. No. 1257
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 82nd
Legislature, Regular Session, 2011, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 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:
Senate Rule 12.03(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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 29, 2011, by the
_______________________________
Secretary of the Senate