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  H.B. No. 908
 
 
 
 
AN ACT
  relating to the division of community property on dissolution of
  marriage.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 7, Family Code, is amended by adding
  Section 7.009 to read as follows:
         Sec. 7.009.  FRAUD ON THE COMMUNITY; DIVISION AND
  DISPOSITION OF RECONSTITUTED ESTATE. (a) In this section,
  "reconstituted estate" means the total value of the community
  estate that would exist if an actual or constructive fraud on the
  community had not occurred.
         (b)  If the trier of fact determines that a spouse has
  committed actual or constructive fraud on the community, the court
  shall:
               (1)  calculate the value by which the community estate
  was depleted as a result of the fraud on the community and calculate
  the amount of the reconstituted estate; and
               (2)  divide the value of the reconstituted estate
  between the parties in a manner the court deems just and right.
         (c)  In making a just and right division of the reconstituted
  estate under Section 7.001, the court may grant any legal or
  equitable relief necessary to accomplish a just and right division,
  including:
               (1)  awarding to the wronged spouse an appropriate
  share of the community estate remaining after the actual or
  constructive fraud on the community;
               (2)  awarding a money judgment in favor of the wronged
  spouse against the spouse who committed the actual or constructive
  fraud on the community; or
               (3)  awarding to the wronged spouse both a money
  judgment and an appropriate share of the community estate.
         SECTION 2.  The change in law made by this Act applies to a
  suit for dissolution of a marriage pending before a trial court on
  or filed on or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 908 was passed by the House on April
  14, 2011, by the following vote:  Yeas 141, Nays 1, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 908 on May 16, 2011, by the following vote:  Yeas 142, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 908 was passed by the Senate, with
  amendments, on May 10, 2011, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor