Bill Text: TX HB1588 | 2015-2016 | 84th Legislature | Engrossed
Bill Title: Relating to the validity of certain timeshare interests.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2015-05-07 - Referred to Business & Commerce [HB1588 Detail]
Download: Texas-2015-HB1588-Engrossed.html
84R9210 AJA-F | ||
By: Villalba | H.B. No. 1588 |
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relating to the validity of certain timeshare interests. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 4, Property Code, is amended by adding | ||
Chapter 30 to read as follows: | ||
CHAPTER 30. ACTION TO DETERMINE VALIDITY OF CERTAIN TIMESHARE | ||
INTERESTS | ||
Sec. 30.001. APPLICABILITY OF CHAPTER. This chapter | ||
applies only to a condominium unit that is: | ||
(1) located on a barrier island that borders the Gulf | ||
of Mexico; | ||
(2) subject to a declaration creating: | ||
(A) a condominium regime to which Chapter 81 | ||
applies; and | ||
(B) a timeshare plan applicable to all or part of | ||
the condominium property; and | ||
(3) located in a development in which the timeshare | ||
association has not paid any fees, dues, assessments, or other | ||
charges due to the condominium council of owners for a period of at | ||
least three years immediately preceding the filing of an action | ||
under this chapter. | ||
Sec. 30.002. ACTION AUTHORIZED. If a deed or other | ||
instrument has been recorded in the real property records asserting | ||
or purporting to convey a timeshare interest in a condominium unit | ||
to which this chapter applies, the condominium unit owner may bring | ||
an action under this chapter in a district court in the county in | ||
which the condominium unit is located seeking a determination that | ||
the timeshare interest is: | ||
(1) invalid; or | ||
(2) void under Section 30.004 or any other law. | ||
Sec. 30.003. SERVICE BY PUBLICATION AUTHORIZED. (a) If the | ||
whereabouts or identity of the person asserting the timeshare | ||
interest or to whom the timeshare interest is purported to have been | ||
conveyed is unknown to the person bringing an action under this | ||
chapter, citation in the action may be served by publication in a | ||
newspaper in the county in which the condominium unit is located. | ||
Service by publication in the action is governed by the Texas Rules | ||
of Civil Procedure except to the extent of any conflict with this | ||
section. | ||
(b) The published citation must contain: | ||
(1) the physical address of the condominium unit; | ||
(2) the county in which the condominium unit is | ||
located; | ||
(3) the name of the person asserting the timeshare | ||
interest in the condominium unit or to whom the timeshare interest | ||
is purported to have been conveyed, as shown in the recorded | ||
instrument; | ||
(4) a description of the timeshare interest asserted | ||
in or purported to be conveyed by the recorded instrument; | ||
(5) the name and address of the person bringing the | ||
action; and | ||
(6) a statement that the person bringing the action is | ||
seeking a determination that the timeshare interest is invalid or | ||
void. | ||
Sec. 30.004. INTEREST VOID. (a) A timeshare interest in a | ||
condominium unit described by Section 30.001 is void if the person | ||
bringing an action establishes that: | ||
(1) the person bringing the action holds record title | ||
to the condominium unit; | ||
(2) on the date the instrument asserting the timeshare | ||
interest or purporting to convey the timeshare interest was filed | ||
for recording: | ||
(A) the person bringing the action held record | ||
title to the condominium unit; or | ||
(B) record title to the condominium unit was held | ||
by a person other than the declarant who precedes the person | ||
bringing the action in the chain of title to the unit; | ||
(3) the timeshare interest was not conveyed by the | ||
person bringing the action or any other person who follows the | ||
declarant in the chain of title to the unit; | ||
(4) the person asserting the timeshare interest or to | ||
whom the timeshare interest is purported to have been conveyed has | ||
not paid any required assessments in connection with the timeshare | ||
interest for a period of at least three years immediately preceding | ||
the filing of the action; and | ||
(5) at no time on or after the date the instrument was | ||
filed for recording has a person made an attempt to exercise the | ||
right to occupy the unit under the timeshare interest. | ||
(b) This section does not preclude a determination that a | ||
timeshare interest is invalid or void under any other law. | ||
Sec. 30.005. DEFAULT JUDGMENT. In an action brought under | ||
this chapter, the court may enter a default judgment declaring that | ||
a timeshare interest is invalid or void if the person asserting the | ||
timeshare interest or to whom the timeshare interest was purported | ||
to have been conveyed: | ||
(1) was personally served with citation or was cited | ||
by publication in accordance with Section 30.003; and | ||
(2) fails to timely appear and answer. | ||
Sec. 30.006. FINALITY OF JUDGMENT. Notwithstanding Rule | ||
329, Texas Rules of Civil Procedure, or any other law, and | ||
regardless of the manner of citation or whether the judgment is a | ||
default judgment or a judgment on the merits: | ||
(1) a motion for a new trial in an action under this | ||
chapter must be filed on or before the 30th day after the date the | ||
judgment is signed; and | ||
(2) the judgment is final and unappealable on the 31st | ||
day after the date the judgment is signed. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |