84R9210 AJA-F
By: Villalba H.B. No. 1588
Substitute the following for H.B. No. 1588:
By: Simmons C.S.H.B. No. 1588
A BILL TO BE ENTITLED
AN ACT
relating to the validity of certain timeshare interests.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Property Code, is amended by adding
Chapter 30 to read as follows:
CHAPTER 30. ACTION TO DETERMINE VALIDITY OF CERTAIN TIMESHARE
INTERESTS
Sec. 30.001. APPLICABILITY OF CHAPTER. This chapter
applies only to a condominium unit that is:
(1) located on a barrier island that borders the Gulf
of Mexico;
(2) subject to a declaration creating:
(A) a condominium regime to which Chapter 81
applies; and
(B) a timeshare plan applicable to all or part of
the condominium property; and
(3) located in a development in which the timeshare
association has not paid any fees, dues, assessments, or other
charges due to the condominium council of owners for a period of at
least three years immediately preceding the filing of an action
under this chapter.
Sec. 30.002. ACTION AUTHORIZED. If a deed or other
instrument has been recorded in the real property records asserting
or purporting to convey a timeshare interest in a condominium unit
to which this chapter applies, the condominium unit owner may bring
an action under this chapter in a district court in the county in
which the condominium unit is located seeking a determination that
the timeshare interest is:
(1) invalid; or
(2) void under Section 30.004 or any other law.
Sec. 30.003. SERVICE BY PUBLICATION AUTHORIZED. (a) If the
whereabouts or identity of the person asserting the timeshare
interest or to whom the timeshare interest is purported to have been
conveyed is unknown to the person bringing an action under this
chapter, citation in the action may be served by publication in a
newspaper in the county in which the condominium unit is located.
Service by publication in the action is governed by the Texas Rules
of Civil Procedure except to the extent of any conflict with this
section.
(b) The published citation must contain:
(1) the physical address of the condominium unit;
(2) the county in which the condominium unit is
located;
(3) the name of the person asserting the timeshare
interest in the condominium unit or to whom the timeshare interest
is purported to have been conveyed, as shown in the recorded
instrument;
(4) a description of the timeshare interest asserted
in or purported to be conveyed by the recorded instrument;
(5) the name and address of the person bringing the
action; and
(6) a statement that the person bringing the action is
seeking a determination that the timeshare interest is invalid or
void.
Sec. 30.004. INTEREST VOID. (a) A timeshare interest in a
condominium unit described by Section 30.001 is void if the person
bringing an action establishes that:
(1) the person bringing the action holds record title
to the condominium unit;
(2) on the date the instrument asserting the timeshare
interest or purporting to convey the timeshare interest was filed
for recording:
(A) the person bringing the action held record
title to the condominium unit; or
(B) record title to the condominium unit was held
by a person other than the declarant who precedes the person
bringing the action in the chain of title to the unit;
(3) the timeshare interest was not conveyed by the
person bringing the action or any other person who follows the
declarant in the chain of title to the unit;
(4) the person asserting the timeshare interest or to
whom the timeshare interest is purported to have been conveyed has
not paid any required assessments in connection with the timeshare
interest for a period of at least three years immediately preceding
the filing of the action; and
(5) at no time on or after the date the instrument was
filed for recording has a person made an attempt to exercise the
right to occupy the unit under the timeshare interest.
(b) This section does not preclude a determination that a
timeshare interest is invalid or void under any other law.
Sec. 30.005. DEFAULT JUDGMENT. In an action brought under
this chapter, the court may enter a default judgment declaring that
a timeshare interest is invalid or void if the person asserting the
timeshare interest or to whom the timeshare interest was purported
to have been conveyed:
(1) was personally served with citation or was cited
by publication in accordance with Section 30.003; and
(2) fails to timely appear and answer.
Sec. 30.006. FINALITY OF JUDGMENT. Notwithstanding Rule
329, Texas Rules of Civil Procedure, or any other law, and
regardless of the manner of citation or whether the judgment is a
default judgment or a judgment on the merits:
(1) a motion for a new trial in an action under this
chapter must be filed on or before the 30th day after the date the
judgment is signed; and
(2) the judgment is final and unappealable on the 31st
day after the date the judgment is signed.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.