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AN ACT
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relating to proper venue for certain criminal prosecutions of |
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mortgage fraud. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 13, Code of Criminal Procedure, is |
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amended by adding Article 13.271 to read as follows: |
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Art. 13.271. PROSECUTION OF MORTGAGE FRAUD. (a) In this |
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article, "real estate transaction" means a sale, lease, trade, |
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exchange, gift, grant, or other conveyance of a real property |
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interest. |
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(b) Any offense under Chapter 32, Penal Code, that involves |
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a real estate transaction may be prosecuted in: |
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(1) the county where the property is located; or |
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(2) any county in which part of the transaction |
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occurred, including the generation of documentation supporting the |
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transaction. |
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(c) An offense under Section 32.46, 32.48, or 32.49, Penal |
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Code, that involves a real estate transaction may also be |
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prosecuted in any county authorized by Article 13.27. |
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SECTION 2. This Act applies only to a criminal case in which |
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the indictment, information, or complaint is presented to the court |
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on or after the effective date of this Act. A criminal case in which |
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the indictment, information, or complaint was presented to the |
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court before the effective date of this Act is governed by the law |
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in effect when the indictment, information, or complaint was |
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presented, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 485 passed the Senate on |
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March 24, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 485 passed the House on |
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May 19, 2011, by the following vote: Yeas 148, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |