Texas 2021 - 87th Regular

Texas Senate Bill SB1639 Latest Draft

Bill / Introduced Version Filed 03/11/2021

                            87R12329 AJA-D
 By: Miles S.B. No. 1639


 A BILL TO BE ENTITLED
 AN ACT
 relating to remedies for fraud and duress in the conveyance of real
 property.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Title 4, Property Code, is amended by adding
 Chapter 31 to read as follows:
 CHAPTER 31. FRAUD AND DURESS IN REAL PROPERTY CONVEYANCES
 Sec. 31.001.  RECOVERY OF TREBLE DAMAGES. (a)  This section
 applies to a civil action to recover damages arising from:
 (1)  the fraudulent conveyance of real property;
 (2)  the fraudulent execution of a deed; or
 (3)  the obtaining of the execution of a deed by a
 person acting under duress.
 (b)  A claimant who successfully asserts a claim described by
 Subsection (a) may recover three times the claimant's actual
 damages.
 SECTION 2.  The change in law made by this Act applies only
 to a cause of action that accrues on or after the effective date of
 this Act.
 SECTION 3.  This Act takes effect September 1, 2021.