Bill Text: TX SB887 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to certain correction instruments in the conveyance of real property.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-24 - Effective on 9/1/13 [SB887 Detail]
Download: Texas-2013-SB887-Enrolled.html
S.B. No. 887 |
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relating to certain correction instruments in the conveyance of | ||
real property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 5.028, Property Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) 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[ |
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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, 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. | ||
(a-1) 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 an inadvertent error, | ||
including the addition, correction, or clarification of: | ||
(1) a legal description prepared in connection with | ||
the preparation of the original instrument but inadvertently | ||
omitted from the original instrument; or | ||
(2) an omitted call in a metes and bounds legal | ||
description in the original instrument that completes the | ||
description of the property. | ||
SECTION 2. Section 5.030, Property Code, is amended by | ||
amending Subsection (b) and adding Subsection (c) to read as | ||
follows: | ||
(b) A correction instrument replaces and is a substitute for | ||
the original instrument. Except as provided by Subsection (c), a | ||
bona fide purchaser of property that is subject to a correction | ||
instrument may rely on the instrument against any person making an | ||
adverse or inconsistent claim. | ||
(c) A correction instrument is subject to the property | ||
interest of a creditor or a subsequent purchaser for valuable | ||
consideration without notice acquired on or after the date the | ||
original instrument was acknowledged, sworn to, or proved and filed | ||
for record as required by law and before the correction instrument | ||
has been acknowledged, sworn to, or proved and filed for record as | ||
required by law. | ||
SECTION 3. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 887 passed the Senate on | ||
April 17, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 887 passed the House on | ||
May 8, 2013, by the following vote: Yeas 147, Nays 0, two present | ||
not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |