Bill Text: TX SB801 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to an instrument that names a trust as a party.
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2023-06-02 - Effective on 9/1/23 [SB801 Detail]
Download: Texas-2023-SB801-Enrolled.html
| S.B. No. 801 | ||
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| relating to an instrument that names a trust as a party. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 114, Property Code, is | ||
| amended by adding Section 114.087 to read as follows: | ||
| Sec. 114.087. INSTRUMENT NAMING TRUST AS PARTY. (a) The | ||
| trustee of a trust is considered for all purposes to be the named | ||
| party to an instrument that names the trust as a party to the | ||
| instrument in any capacity, unless the trust is a legal entity under | ||
| state law. | ||
| (b) Subsection (a) is effective as of the effective date of | ||
| the original instrument. | ||
| (c) The trustee of a trust that is the named party to a | ||
| recorded instrument may be, but is not required to be, identified by | ||
| a correction instrument under Section 5.028. | ||
| (d) A document purporting to be a certification of trust | ||
| under Section 114.086 that is recorded in the county in which real | ||
| property of the trust is located is presumed to correctly identify | ||
| the trust and the trustee and may be relied upon by a good faith | ||
| purchaser or lender for value. | ||
| SECTION 2. Section 5.028(a), Property Code, is amended to | ||
| read as follows: | ||
| (a) A person who has personal knowledge of facts relevant to | ||
| the correction of a recorded original instrument of conveyance may | ||
| prepare or execute a correction instrument to make a nonmaterial | ||
| change that results from a clerical error, including: | ||
| (1) a correction of an inaccurate or incorrect element | ||
| in a legal description, such as a distance, angle, direction, | ||
| bearing or chord, a reference to a plat or other plat information, a | ||
| lot or block number, a unit, building designation, or section | ||
| number, an appurtenant easement, a township name or number, a | ||
| municipality, county, or state name, a range number or meridian, a | ||
| certified survey map number, or a subdivision or condominium name; | ||
| or | ||
| (2) an addition, correction, or clarification of: | ||
| (A) a party's name, including the spelling of a | ||
| name, a first or middle name or initial, a suffix, an alternate name | ||
| by which a party is known, the identity of the trustee of a trust | ||
| named as party, or a description of an entity as a corporation, | ||
| company, or other type of organization; | ||
| (B) a party's marital status; | ||
| (C) the date on which the conveyance was | ||
| executed; | ||
| (D) the recording data for an instrument | ||
| referenced in the correction instrument; or | ||
| (E) a fact relating to the acknowledgment or | ||
| authentication. | ||
| SECTION 3. The changes in law made by this Act apply to an | ||
| instrument executed on, before, or after the effective date of this | ||
| Act. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 801 passed the Senate on | ||
| March 16, 2023, by the following vote: Yeas 30, Nays 0; and that | ||
| the Senate concurred in House amendment on May 17, 2023, by the | ||
| following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 801 passed the House, with | ||
| amendment, on May 12, 2023, by the following vote: Yeas 138, | ||
| Nays 2, two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
