reglab/housing_qa huggingface dataset:
TX Prop § 221.107 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest|Section 221.107. Required Notice for Termination Services

Sec. 221.107.  REQUIRED NOTICE FOR TERMINATION SERVICES.  A person subject to this subchapter who enters into an agreement with a timeshare interest owner to facilitate the termination of the timeshare interest must provide to the timeshare interest owner a statement printed in 14-point boldface type or 14-point uppercase typewritten letters that reads substantially similar to the following:I (name of the person facilitating the termination of the timeshare interest) WILL ACT IN GOOD FAITH AND IN A COMMERCIALLY REASONABLE MANNER TO COMPLETE THE TERMINATION OF YOUR TIMESHARE INTEREST NOT LATER THAN THE 180TH DAY AFTER THE DATE OF THIS AGREEMENT BY OBTAINING:(1)  A VALID AND ENFORCEABLE RELEASE FROM THE DEVELOPER, ASSOCIATION, OR MANAGING ENTITY; OR(2)  A JUDGMENT OR COURT ORDER INVALIDATING THE PURCHASE OR OWNERSHIP OF YOUR TIMESHARE INTEREST.YOUR OBLIGATION TO PAY ALL COSTS AND FEES ASSOCIATED WITH YOUR TIMESHARE INTEREST, INCLUDING ANY REGULAR OR SPECIAL ASSESSMENTS OR REAL OR PERSONAL PROPERTY TAXES, DOES NOT CEASE BY VIRTUE OF THE EXECUTION OF THIS AGREEMENT.I CANNOT GUARANTEE THAT I WILL SUCCESSFULLY COMPLETE THE TERMINATION OF YOUR TIMESHARE INTEREST.  IF I FAIL TO COMPLETE THE TERMINATION OF YOUR TIMESHARE INTEREST, YOU WILL CONTINUE TO BE RESPONSIBLE FOR THE PAYMENT OF ALL COSTS AND FEES ASSOCIATED WITH YOUR TIMESHARE INTEREST, INCLUDING ANY REGULAR OR SPECIAL ASSESSMENTS OR REAL OR PERSONAL PROPERTY TAXES.|Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.|
TX Prop § 221.108 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest|Section 221.108. Reliance

Sec. 221.108.  RELIANCE.  In making disclosures required by this subchapter, a person facilitating the transfer or termination of a timeshare interest may rely on written information provided by the timeshare interest owner, the developer, the association, or the managing entity.|Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.|
TX Prop § 221.109 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest|Section 221.109. Duty of Good Faith Regarding Transfer or Termination Services

Sec. 221.109.  DUTY OF GOOD FAITH REGARDING TRANSFER OR TERMINATION SERVICES.  A person facilitating the transfer or termination of a timeshare interest must act in good faith to accomplish the transfer or termination not later than the 180th day after the date the person enters into an agreement with the timeshare interest owner.|Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.|
TX Prop § 221.110 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest|Section 221.110. Deceptive Trade Practices

Sec. 221.110.  DECEPTIVE TRADE PRACTICES.  A person subject to this subchapter commits a false, misleading, or deceptive act or practice within the meaning of Sections 17.46(a) and (b), Business & Commerce Code, by engaging in any of the following acts:(1)  failing to disclose information as required by this subchapter;(2)  making false or misleading statements concerning:(A)  the existence of an offer related to the purchase or rent of a timeshare interest;(B)  the likelihood of the completion or the time necessary to complete any sale, rental, transfer, or termination of a timeshare interest;(C)  the value of a timeshare interest;(D)  the current or future costs, including assessments, maintenance fees, or taxes, of owning a timeshare interest;(E)  the method by which or source from which a timeshare interest owner's name, address, telephone number, or other contact information was obtained;(F)  the identity of the person providing services to facilitate the transfer or termination of a timeshare interest or any affiliate, agent, or third-party representative of that person;(G)  the terms and conditions under which services to facilitate a transfer or termination of a timeshare interest are offered;(H)  the willingness of a developer, association, or managing entity to:(i)  agree to the transfer or termination of a timeshare interest; or(ii)  execute instruments necessary to transfer or terminate the timeshare interest; or(I)  the manner in which consideration or reimbursements paid by a timeshare interest owner will be used or applied;(3)  encouraging or inducing a timeshare interest owner to stop paying the developer, the association, or the managing entity in violation of a contract with or any other legally enforceable obligation to the developer, the association, or the managing entity before the completion of a transfer or termination; or(4)  receiving or collecting consideration for or reimbursement related to the facilitation of the transfer of a timeshare interest before the timeshare interest owner receives the documents described by Sections 221.105(1) and (2).|Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.|
TX Prop § 221.111 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest|Section 221.111. Supervisory Duties

Sec. 221.111.  SUPERVISORY DUTIES.  (a)  The person who enters into an agreement to facilitate the transfer or termination of a timeshare interest shall supervise, manage, and control all aspects of the services provided under the agreement.(b)  Any violation of this subchapter that occurs during the provision of services is considered a violation by the person who enters into the agreement and any affiliate, agent, or third-party representative of that person.(c)  Section 221.035 does not apply to a person providing services under this subchapter.|Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.|
TX Prop § 240.001 (2021)
2021 Texas Statutes|Property Code|Title 13 - Disclaimer of Property Interests|Chapter 240 - Texas Uniform Disclaimer of Property Interests Act|Subchapter A. General Provisions|Section 240.001. Short Title

Sec. 240.001.  SHORT TITLE.  This chapter may be cited as the Texas Uniform Disclaimer of Property Interests Act.|Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.|
TX Prop § 240.003 (2021)
2021 Texas Statutes|Property Code|Title 13 - Disclaimer of Property Interests|Chapter 240 - Texas Uniform Disclaimer of Property Interests Act|Subchapter A. General Provisions|Section 240.003. Applicability of Chapter

Sec. 240.003.  APPLICABILITY OF CHAPTER.  This chapter applies to disclaimers of any interest in or power over property, whenever created.|Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.|
TX Prop § 240.004 (2021)
2021 Texas Statutes|Property Code|Title 13 - Disclaimer of Property Interests|Chapter 240 - Texas Uniform Disclaimer of Property Interests Act|Subchapter A. General Provisions|Section 240.004. Chapter Supplemented by Other Law

Sec. 240.004.  CHAPTER SUPPLEMENTED BY OTHER LAW.  (a)  Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.(b)  This chapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a statute other than this chapter.|Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.|
TX Prop § 240.005 (2021)
2021 Texas Statutes|Property Code|Title 13 - Disclaimer of Property Interests|Chapter 240 - Texas Uniform Disclaimer of Property Interests Act|Subchapter A. General Provisions|Section 240.005. Uniformity of Application and Construction

Sec. 240.005.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law, with respect to the subject matter of this chapter, among states that enact a law based on the uniform act on which this chapter is based.|Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.|
TX Prop § 240.006 (2021)
2021 Texas Statutes|Property Code|Title 13 - Disclaimer of Property Interests|Chapter 240 - Texas Uniform Disclaimer of Property Interests Act|Subchapter A. General Provisions|Section 240.006. Power to Disclaim by Person Other Than Fiduciary

Sec. 240.006.  POWER TO DISCLAIM BY PERSON OTHER THAN FIDUCIARY.  (a)  A person other than a fiduciary may disclaim, in whole or in part, any interest in or power over property, including a power of appointment.(b)  A person other than a fiduciary may disclaim an interest or power under this section even if the creator of the interest or power imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.|Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.|
TX Prop § 240.007 (2021)
2021 Texas Statutes|Property Code|Title 13 - Disclaimer of Property Interests|Chapter 240 - Texas Uniform Disclaimer of Property Interests Act|Subchapter A. General Provisions|Section 240.007. Power to Disclaim Power Held in Fiduciary Capacity by Person Designated to Serve as or Serving as Fiduciary

Sec. 240.007.  POWER TO DISCLAIM POWER HELD IN FIDUCIARY CAPACITY BY PERSON DESIGNATED TO SERVE AS OR SERVING AS FIDUCIARY.  (a)  Subject to Subsection (b) and except to the extent the person's right to disclaim is expressly restricted or limited by a law of this state or by the instrument creating the fiduciary relationship, a person designated to serve or serving as a fiduciary may disclaim, in whole or in part, any power over property, including a power of appointment and the power to disclaim, held in a fiduciary capacity.(b)  If a power being disclaimed under Subsection (a) by a person designated to serve or serving as a trustee affects the distributive rights of any beneficiary of the trust:(1)  the person may disclaim only on or after accepting the trust;(2)  the disclaimer must be compatible with the trustee's fiduciary obligations; and(3)  if the disclaimer is made on accepting the trust, the trustee is considered to have never possessed the power disclaimed.(c)  A person designated to serve or serving as a fiduciary may disclaim a power under this section even if the creator of the power imposed a spendthrift provision or similar restriction on transfer.|Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.|
TX Prop § 240.009 (2021)
2021 Texas Statutes|Property Code|Title 13 - Disclaimer of Property Interests|Chapter 240 - Texas Uniform Disclaimer of Property Interests Act|Subchapter A. General Provisions|Section 240.009. Power to Disclaim; General Requirements; When Irrevocable

Sec. 240.009.  POWER TO DISCLAIM; GENERAL REQUIREMENTS; WHEN IRREVOCABLE.  (a) To be effective, a disclaimer must:(1)  be in writing;(2)  declare the disclaimer;(3)  describe the interest or power disclaimed;(4)  be signed by the person making the disclaimer; and(5)  be delivered or filed in the manner provided by Subchapter C.(b)  A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power, or any other interest or estate in the property.(c)  A disclaimer is irrevocable on the later of the date the disclaimer:(1)  is delivered or filed under Subchapter C; or(2)  takes effect as provided in Sections 240.051-240.056.(d)  A disclaimer made under this chapter is not a transfer, assignment, or release.(e)  A disclaimer of an interest in property made by an individual must contain a statement under penalty of perjury regarding whether the disclaimant is a child support obligor whose disclaimer is barred under Section 240.151(g).  An individual's failure to include the statement does not invalidate a disclaimer if the disclaimer is not barred under Section 240.151(g).|Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.Amended by: Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 11, eff. September 1, 2021.|
TX Prop § 240.0501 (2021)
2021 Texas Statutes|Property Code|Title 13 - Disclaimer of Property Interests|Chapter 240 - Texas Uniform Disclaimer of Property Interests Act|Subchapter B. Type and Effect of Disclaimer|Section 240.0501. Definition

Sec. 240.0501.  DEFINITION.  In this subchapter, "future interest" means an interest that:(1)  takes effect in possession or enjoyment, if at all, later than the time at which the instrument creating the interest becomes irrevocable; and(2)  passes to the holder of the interest at the time of the event that causes the taker of the interest to be finally ascertained and the interest to be indefeasibly vested.|Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.|
TX Prop § 240.051 (2021)
2021 Texas Statutes|Property Code|Title 13 - Disclaimer of Property Interests|Chapter 240 - Texas Uniform Disclaimer of Property Interests Act|Subchapter B. Type and Effect of Disclaimer|Section 240.051. Disclaimer of Interest in Property

Sec. 240.051.  DISCLAIMER OF INTEREST IN PROPERTY.  (a) This section and Sections 240.0511 and 240.0512 apply to a disclaimer of an interest in property other than a disclaimer subject to Section 240.052 or 240.053.(b)  If an interest in property passes because of the death of a decedent:(1)  a disclaimer of the interest:(A)  takes effect as of the time of the decedent's death; and(B)  relates back for all purposes to the time of the decedent's death; and(2)  the disclaimed interest is not subject to the claims of any creditor of the disclaimant.(c)  If an interest in property passes because of an event not related to the death of a decedent:(1)  a disclaimer of the interest:(A)  takes effect:(i)  as of the time the instrument creating the interest became irrevocable; or(ii)  in the case of an irrevocable transfer made without an instrument, at the time of the irrevocable transfer; and(B)  relates back for all purposes to the time the instrument became irrevocable or the time of the irrevocable transfer, as applicable; and(2)  the disclaimed interest is not subject to the claims of any creditor of the disclaimant.(d)  A disclaimed interest passes according to any provision in the instrument creating the interest that provides for:(1)  the disposition of the interest if the interest were to be disclaimed; or(2)  the disposition of disclaimed interests in general. (e)  If the instrument creating the disclaimed interest does not contain a provision described by Subsection (d) and:(1)  if the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist; or(2)  if the disclaimant is an individual:(A)  except as provided by Section 240.0511, if the interest is passing because of the death of a decedent, the disclaimed interest passes as if the disclaimant had died immediately before the time as of which the disclaimer takes effect under Subsection (b); or(B)  except as provided by Section 240.0512, if the interest is passing because of an event not related to the death of a decedent, the disclaimed interest passes as if the disclaimant had died immediately before the time as of which the disclaimer takes effect under Subsection (c).(f)  A disclaimed interest that passes by intestacy passes as if the disclaimant died immediately before the decedent.|Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.|
TX Prop § 240.0511 (2021)
2021 Texas Statutes|Property Code|Title 13 - Disclaimer of Property Interests|Chapter 240 - Texas Uniform Disclaimer of Property Interests Act|Subchapter B. Type and Effect of Disclaimer|Section 240.0511. Disposition of Interest Passing Because of Decedent's Death and Disclaimed by Individual

Sec. 240.0511.  DISPOSITION OF INTEREST PASSING BECAUSE OF DECEDENT'S DEATH AND DISCLAIMED BY INDIVIDUAL.  (a)  Subject to Subsection (b):(1)  if by law or under the instrument creating the disclaimed interest the descendants of a disclaimant of an interest passing because of the death of a decedent would share in the disclaimed interest by any method of representation under Section 240.051(e)(2)(A), the disclaimed interest passes only to the descendants of the disclaimant who survive the decedent; or(2)  if the disclaimed interest would have passed to the disclaimant's estate under Section 240.051(e)(2)(A), the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the decedent.(b)  If no descendant of the disclaimant survives the decedent, the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in such shares as would succeed to the transferor's intestate estate under the intestate succession law of the transferor's domicile had the transferor died immediately before the decedent, except that if the transferor's surviving spouse is living but remarried before the decedent's death, the transferor is considered to have died unmarried immediately before the decedent's death.(c)  On the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died immediately before the decedent, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.|Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.|
TX Prop § 240.0512 (2021)
2021 Texas Statutes|Property Code|Title 13 - Disclaimer of Property Interests|Chapter 240 - Texas Uniform Disclaimer of Property Interests Act|Subchapter B. Type and Effect of Disclaimer|Section 240.0512. Disposition of Interest Passing Because of Event Other Than Decedent's Death and Disclaimed by Individual

Sec. 240.0512.  DISPOSITION OF INTEREST PASSING BECAUSE OF EVENT OTHER THAN DECEDENT'S DEATH AND DISCLAIMED BY INDIVIDUAL.  (a)  Subject to Subsection (b):(1)  if by law or under the instrument creating the disclaimed interest the descendants of a disclaimant of an interest passing because of an event not related to the death of a decedent would share in the disclaimed interest by any method of representation under Section 240.051(e)(2)(B), the disclaimed interest passes only to the descendants of the disclaimant living at the time of the event that causes the interest to pass; or(2)  if the disclaimed interest would have passed to the disclaimant's estate under Section 240.051(e)(2)(B), the disclaimed interest instead passes by representation to the descendants of the disclaimant living at the time of the event that causes the interest to pass.(b)  If no descendant of the disclaimant is living at the time of the event described by Subsection (a)(1), the disclaimed interest passes to those persons, including the state but excluding the disclaimant, and in such shares as would succeed to the transferor's intestate estate under the intestate succession law of the transferor's domicile had the transferor died immediately before the event described by Subsection (a)(1), except that if the transferor's surviving spouse is living but remarried before the event, the transferor is considered to have died unmarried immediately before the event.(c)  On the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died immediately before the time the disclaimer takes effect under Section 240.051(c)(1)(A), but a future interest held by the disclaimant is not accelerated in possession or enjoyment.|Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.|
TX Prop § 240.052 (2021)
2021 Texas Statutes|Property Code|Title 13 - Disclaimer of Property Interests|Chapter 240 - Texas Uniform Disclaimer of Property Interests Act|Subchapter B. Type and Effect of Disclaimer|Section 240.052. Disclaimer of Rights in Survivorship Property

Sec. 240.052.  DISCLAIMER OF RIGHTS IN SURVIVORSHIP PROPERTY.  (a)  On the death of a holder of survivorship property, a surviving holder may disclaim, in whole or in part, an interest in the property of the deceased holder that would have otherwise passed to the surviving holder by reason of the deceased holder's death.(b)  If an interest in survivorship property is disclaimed by a surviving holder of the property:(1)  the disclaimer:(A)  takes effect as of the time of the deceased holder's death; and(B)  relates back for all purposes to the time of the deceased holder's death; and(2)  the disclaimed interest is not subject to the claims of any creditor of the disclaimant.(c)  An interest in survivorship property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.|Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.|
TX Prop § 240.053 (2021)
2021 Texas Statutes|Property Code|Title 13 - Disclaimer of Property Interests|Chapter 240 - Texas Uniform Disclaimer of Property Interests Act|Subchapter B. Type and Effect of Disclaimer|Section 240.053. Disclaimer of Interest by Trustee

Sec. 240.053.  DISCLAIMER OF INTEREST BY TRUSTEE.  (a)  If a trustee disclaims an interest in property that otherwise would have become trust property:(1)  the interest does not become trust property;(2)  the disclaimer:(A)  takes effect as of the time the trust became irrevocable; and(B)  relates back for all purposes to the time the trust became irrevocable; and(3)  the disclaimed interest is not subject to the claims of any creditor of the trustee, the trust, or any trust beneficiary.(b)  If the instrument creating the disclaimed interest contains a provision that provides for the disposition of the interest if the interest were to be disclaimed, the disclaimed interest passes according to that provision.(c)  If the instrument creating the disclaimed interest does not contain a provision described by Subsection (b), the disclaimed interest passes as if:(1)  all of the current beneficiaries, presumptive remainder beneficiaries, and contingent beneficiaries of the trust affected by the disclaimer who are individuals died before the trust became irrevocable; and(2)  all beneficiaries of the trust affected by the disclaimer who are not individuals ceased to exist without successor organizations and without substitution of beneficiaries under the cy pres doctrine before the trust became irrevocable.(d)  Subsection (c) applies only for purposes of determining the disposition of an interest in property disclaimed by a trustee that otherwise would have become trust property and applies only with respect to the trust affected by the disclaimer.  Subsection (c) does not apply with respect to other trusts governed by the instrument and does not apply for other purposes under the instrument or under the laws of intestacy.|Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.|