| 1 | | - | H.B. No. 1939 |
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| 1 | + | By: Smith (Senate Sponsor - Creighton) H.B. No. 1939 |
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| 2 | + | (In the Senate - Received from the House April 26, 2021; |
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| 3 | + | May 3, 2021, read first time and referred to Committee on Business & |
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| 4 | + | Commerce; May 13, 2021, reported favorably by the following vote: |
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| 5 | + | Yeas 8, Nays 0; May 13, 2021, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to the limitations periods for certain suits against real |
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| 6 | 12 | | estate appraisers and appraisal firms. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Subchapter A, Chapter 16, Civil Practice and |
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| 9 | 15 | | Remedies Code, is amended by adding Section 16.013 to read as |
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| 10 | 16 | | follows: |
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| 11 | 17 | | Sec. 16.013. REAL ESTATE APPRAISERS AND APPRAISAL FIRMS. |
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| 12 | 18 | | (a) In this section: |
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| 13 | 19 | | (1) "Appraisal" has the meaning assigned by Section |
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| 14 | 20 | | 1103.003, Occupations Code. |
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| 15 | 21 | | (2) "Appraisal review" has the meaning assigned by |
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| 16 | 22 | | Section 1104.003, Occupations Code. |
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| 17 | 23 | | (3) "Real estate appraisal firm" means an entity |
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| 18 | 24 | | engaging a real estate appraiser as an owner, member, shareholder, |
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| 19 | 25 | | partner, employee, or independent contractor to perform an |
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| 20 | 26 | | appraisal or appraisal review. |
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| 21 | 27 | | (4) "Real estate appraiser" means an individual |
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| 22 | 28 | | licensed or certified under Chapter 1103, Occupations Code. |
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| 23 | 29 | | (b) Except for an action for fraud or breach of contract, a |
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| 24 | 30 | | person must bring suit for damages or other relief arising from an |
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| 25 | 31 | | appraisal or appraisal review conducted by a real estate appraiser |
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| 26 | 32 | | or appraisal firm not later than the earlier of: |
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| 27 | 33 | | (1) two years after the day the person knew or should |
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| 28 | 34 | | have known the facts on which the action is based; or |
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| 29 | 35 | | (2) five years after the day the appraisal or |
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| 30 | 36 | | appraisal review was completed. |
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| 31 | 37 | | SECTION 2. Section 16.013, Civil Practice and Remedies |
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| 32 | 38 | | Code, as added by this Act, applies only to a cause of action that |
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| 33 | 39 | | accrues on or after the effective date of this Act. |
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| 34 | 40 | | SECTION 3. This Act takes effect September 1, 2021. |
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| 35 | | - | ______________________________ ______________________________ |
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| 36 | | - | President of the Senate Speaker of the House |
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| 37 | | - | I certify that H.B. No. 1939 was passed by the House on April |
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| 38 | | - | 23, 2021, by the following vote: Yeas 128, Nays 18, 2 present, not |
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| 39 | | - | voting. |
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| 40 | | - | ______________________________ |
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| 41 | | - | Chief Clerk of the House |
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| 42 | | - | I certify that H.B. No. 1939 was passed by the Senate on May |
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| 43 | | - | 19, 2021, by the following vote: Yeas 31, Nays 0. |
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| 44 | | - | ______________________________ |
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| 45 | | - | Secretary of the Senate |
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| 46 | | - | APPROVED: _____________________ |
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| 47 | | - | Date |
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| 48 | | - | _____________________ |
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| 49 | | - | Governor |
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| 41 | + | * * * * * |
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