Texas 2015 - 84th Regular

Texas House Bill HB1588 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		84R9210 AJA-F
2	2		By: Villalba H.B. No. 1588
3		-	Substitute the following for H.B. No. 1588:
4		-	By: Simmons C.S.H.B. No. 1588
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the validity of certain timeshare interests.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Title 4, Property Code, is amended by adding
12	10		Chapter 30 to read as follows:
13	11		CHAPTER 30. ACTION TO DETERMINE VALIDITY OF CERTAIN TIMESHARE
14	12		INTERESTS
15	13		Sec. 30.001. APPLICABILITY OF CHAPTER. This chapter
16	14		applies only to a condominium unit that is:
17	15		(1) located on a barrier island that borders the Gulf
18	16		of Mexico;
19	17		(2) subject to a declaration creating:
20	18		(A) a condominium regime to which Chapter 81
21	19		applies; and
22	20		(B) a timeshare plan applicable to all or part of
23	21		the condominium property; and
24	22		(3) located in a development in which the timeshare
25	23		association has not paid any fees, dues, assessments, or other
26	24		charges due to the condominium council of owners for a period of at
27	25		least three years immediately preceding the filing of an action
28	26		under this chapter.
29	27		Sec. 30.002. ACTION AUTHORIZED. If a deed or other
30	28		instrument has been recorded in the real property records asserting
31	29		or purporting to convey a timeshare interest in a condominium unit
32	30		to which this chapter applies, the condominium unit owner may bring
33	31		an action under this chapter in a district court in the county in
34	32		which the condominium unit is located seeking a determination that
35	33		the timeshare interest is:
36	34		(1) invalid; or
37	35		(2) void under Section 30.004 or any other law.
38	36		Sec. 30.003. SERVICE BY PUBLICATION AUTHORIZED. (a) If the
39	37		whereabouts or identity of the person asserting the timeshare
40	38		interest or to whom the timeshare interest is purported to have been
41	39		conveyed is unknown to the person bringing an action under this
42	40		chapter, citation in the action may be served by publication in a
43	41		newspaper in the county in which the condominium unit is located.
44	42		Service by publication in the action is governed by the Texas Rules
45	43		of Civil Procedure except to the extent of any conflict with this
46	44		section.
47	45		(b) The published citation must contain:
48	46		(1) the physical address of the condominium unit;
49	47		(2) the county in which the condominium unit is
50	48		located;
51	49		(3) the name of the person asserting the timeshare
52	50		interest in the condominium unit or to whom the timeshare interest
53	51		is purported to have been conveyed, as shown in the recorded
54	52		instrument;
55	53		(4) a description of the timeshare interest asserted
56	54		in or purported to be conveyed by the recorded instrument;
57	55		(5) the name and address of the person bringing the
58	56		action; and
59	57		(6) a statement that the person bringing the action is
60	58		seeking a determination that the timeshare interest is invalid or
61	59		void.
62	60		Sec. 30.004. INTEREST VOID. (a) A timeshare interest in a
63	61		condominium unit described by Section 30.001 is void if the person
64	62		bringing an action establishes that:
65	63		(1) the person bringing the action holds record title
66	64		to the condominium unit;
67	65		(2) on the date the instrument asserting the timeshare
68	66		interest or purporting to convey the timeshare interest was filed
69	67		for recording:
70	68		(A) the person bringing the action held record
71	69		title to the condominium unit; or
72	70		(B) record title to the condominium unit was held
73	71		by a person other than the declarant who precedes the person
74	72		bringing the action in the chain of title to the unit;
75	73		(3) the timeshare interest was not conveyed by the
76	74		person bringing the action or any other person who follows the
77	75		declarant in the chain of title to the unit;
78	76		(4) the person asserting the timeshare interest or to
79	77		whom the timeshare interest is purported to have been conveyed has
80	78		not paid any required assessments in connection with the timeshare
81	79		interest for a period of at least three years immediately preceding
82	80		the filing of the action; and
83	81		(5) at no time on or after the date the instrument was
84	82		filed for recording has a person made an attempt to exercise the
85	83		right to occupy the unit under the timeshare interest.
86	84		(b) This section does not preclude a determination that a
87	85		timeshare interest is invalid or void under any other law.
88	86		Sec. 30.005. DEFAULT JUDGMENT. In an action brought under
89	87		this chapter, the court may enter a default judgment declaring that
90	88		a timeshare interest is invalid or void if the person asserting the
91	89		timeshare interest or to whom the timeshare interest was purported
92	90		to have been conveyed:
93	91		(1) was personally served with citation or was cited
94	92		by publication in accordance with Section 30.003; and
95	93		(2) fails to timely appear and answer.
96	94		Sec. 30.006. FINALITY OF JUDGMENT. Notwithstanding Rule
97	95		329, Texas Rules of Civil Procedure, or any other law, and
98	96		regardless of the manner of citation or whether the judgment is a
99	97		default judgment or a judgment on the merits:
100	98		(1) a motion for a new trial in an action under this
101	99		chapter must be filed on or before the 30th day after the date the
102	100		judgment is signed; and
103	101		(2) the judgment is final and unappealable on the 31st
104	102		day after the date the judgment is signed.
105	103		SECTION 2. This Act takes effect immediately if it receives
106	104		a vote of two-thirds of all the members elected to each house, as
107	105		provided by Section 39, Article III, Texas Constitution. If this
108	106		Act does not receive the vote necessary for immediate effect, this
109	107		Act takes effect September 1, 2015.