| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 87R12329 AJA-D | |
| 2 | 2 | By: Miles S.B. No. 1639 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to remedies for fraud and duress in the conveyance of real | |
| 8 | 8 | property. | |
| 9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 10 | SECTION 1. Title 4, Property Code, is amended by adding | |
| 11 | 11 | Chapter 31 to read as follows: | |
| 12 | 12 | CHAPTER 31. FRAUD AND DURESS IN REAL PROPERTY CONVEYANCES | |
| 13 | 13 | Sec. 31.001. RECOVERY OF TREBLE DAMAGES. (a) This section | |
| 14 | 14 | applies to a civil action to recover damages arising from: | |
| 15 | 15 | (1) the fraudulent conveyance of real property; | |
| 16 | 16 | (2) the fraudulent execution of a deed; or | |
| 17 | 17 | (3) the obtaining of the execution of a deed by a | |
| 18 | 18 | person acting under duress. | |
| 19 | 19 | (b) A claimant who successfully asserts a claim described by | |
| 20 | 20 | Subsection (a) may recover three times the claimant's actual | |
| 21 | 21 | damages. | |
| 22 | 22 | SECTION 2. The change in law made by this Act applies only | |
| 23 | 23 | to a cause of action that accrues on or after the effective date of | |
| 24 | 24 | this Act. | |
| 25 | 25 | SECTION 3. This Act takes effect September 1, 2021. |