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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal of certain discriminatory provisions from a |
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recorded conveyance instrument or document. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 5, Property Code, is |
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amended by adding Section 5.0261 to read as follows: |
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Sec. 5.0261. REMOVAL OF DISCRIMINATORY PROVISION FROM |
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RECORDED CONVEYANCE INSTRUMENT OR DOCUMENT. (a) In this section, |
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"discriminatory provision" means a restriction or provision that is |
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void under Section 5.026(a). |
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(b) A person who owns real property or an interest in real |
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property the chain of title for which includes a recorded |
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conveyance instrument or document containing a discriminatory |
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provision may request the removal of the discriminatory provision |
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from the instrument or document by completing and filing, with the |
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clerk of a district court in the county in whose real property |
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records the instrument or document is recorded or of another court |
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having jurisdiction over real property matters in the county, a |
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motion, verified by affidavit by a completed form for ordinary |
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certificate of acknowledgment of the same type described by Section |
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121.007, Civil Practice and Remedies Code, that contains, at a |
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minimum, the information in the following suggested form: |
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MISC. DOCKET NO. ______ |
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In Re: Conveyance InstrumentIn the ______ Judicial District |
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with DiscriminatoryIn and For ___________________ |
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Provision County, Texas |
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Motion for Judicial Review of Conveyance Instrument or Document |
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Alleged to Contain a Discriminatory Provision as Defined by Section |
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5.0261(a), Texas Property Code |
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Now Comes (name) and files this motion requesting a judicial |
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determination of the status of a conveyance instrument or document |
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that contains a discriminatory provision as defined by Section |
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5.0261(a), Texas Property Code, filed in the office of the Clerk of |
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(county name) County, Texas, and in support of the motion would show |
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the court as follows: |
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I. |
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(Name), movant herein, is the person who owns the real |
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property or the interest in real property described in the |
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conveyance instrument or document. |
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II. |
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On (date), in the exercise of the county clerk's official |
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duties as County Clerk of (county name) County, Texas, the county |
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clerk received and filed and recorded the conveyance instrument or |
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document attached hereto and containing (number) pages. The |
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instrument is recorded at _______ in the real property records of |
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_______ County. The conveyance instrument or document contains a |
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discriminatory provision as defined by Section 5.0261(a), Texas |
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Property Code. |
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III. |
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Movant alleges that the conveyance instrument or document |
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attached hereto contains a discriminatory provision as defined by |
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Section 5.0261(a), Texas Property Code, and that the discriminatory |
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provision should be removed. |
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IV. |
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Movant attests that assertions herein are true and correct. |
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V. |
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PRAYER |
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Movant requests the court to review the attached conveyance |
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instrument or document and enter an order removing the |
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discriminatory provision as defined by Section 5.0261(a), Texas |
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Property Code, together with such other orders as the court deems |
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appropriate. |
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Respectfully submitted, |
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_________________________ |
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(Signature and typed name and address) |
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(c) The completed form for ordinary certificate of |
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acknowledgment, of the same type described by Section 121.007, |
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Civil Practice and Remedies Code, must be as follows: |
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AFFIDAVIT |
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THE STATE OF TEXAS |
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COUNTY OF ______________ |
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BEFORE ME, the undersigned authority, personally appeared |
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_____________, who, being by me duly sworn, deposed as follows: |
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"My name is _________________. I am over 21 years of age, of |
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sound mind, with personal knowledge of the following facts, and |
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fully competent to testify. |
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I further attest that the assertions contained in the |
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accompanying motion are true and correct." |
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Further affiant sayeth not. |
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_____________________________ |
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SUBSCRIBED and SWORN TO before |
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me, this _____ day of ________, |
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_____. |
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_____________________________ |
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NOTARY PUBLIC, State of Texas |
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Notary's printed name: |
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_____________________________ |
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My commission expires: |
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_____________________________ |
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_____________________________ |
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(d) A motion under this section may be ruled on by a court |
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having jurisdiction over real property matters in the county where |
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the subject document was filed. The court's finding may be made |
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solely on a review of the conveyance instrument or document |
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attached to the motion and without hearing any testimonial |
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evidence. The court's review may be made ex parte without delay or |
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notice of any kind. If the court does not rule on the motion on or |
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before the 15th day after the date the motion is filed, the motion |
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is deemed granted. An appellate court shall expedite review of a |
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court's finding under this section. |
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(e) A court clerk may not collect a filing fee for filing a |
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motion under this section. |
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(f) After reviewing the conveyance instrument or document |
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attached to a motion filed under this section, the court shall enter |
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an appropriate finding of fact and conclusion of law. |
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(g) The court's finding of fact and conclusion of law must |
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be: |
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(1) transferred by the court clerk to the county clerk |
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for recording and indexing not later than the 10th day after the |
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date the finding of fact and conclusion of law is entered by the |
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court or deemed granted under Subsection (d); and |
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(2) filed and indexed by the county clerk in the same |
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class of records in which the subject conveyance instrument or |
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document is filed. |
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(h) The county clerk may not collect a fee for filing a |
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court's finding of fact and conclusion of law under this section. |
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(i) A suggested form of order appropriate to comply with |
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Subsection (f) is as follows: |
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MISC. DOCKET NO. ______ |
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In Re: Conveyance InstrumentIn the ______ Judicial District |
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with Discriminatory In and For ___________________ |
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Provision County, Texas |
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Judicial Finding of Fact and Conclusion of Law Regarding Conveyance |
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Instrument or Document Alleged to Contain a Discriminatory |
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Provision as Defined by Section 5.0261(a), Texas Property Code |
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On the (number) day of (month), (year), in the above entitled |
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and numbered cause, this court reviewed a motion, verified by |
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affidavit, of (name) and the conveyance instrument or document |
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attached thereto. No testimony was taken from any party, nor was |
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there any notice of the court's review, the court having made the |
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determination that a decision could be made solely on review of the |
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conveyance instrument or document under the authority vested in the |
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court under Section 5.0261, Texas Property Code. |
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The court finds as follows (only an item checked and |
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initialed is a valid court ruling): |
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_______ The conveyance instrument or document recorded at |
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______ in the real property records of ______ County CONTAINS a |
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discriminatory provision as defined by Section 5.0261(a), Texas |
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Property Code. The discriminatory provision as defined by Section |
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5.0261(a), Texas Property Code, is void and removed from the |
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conveyance instrument or document identified herein. |
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_______ The conveyance instrument or document recorded at |
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______ in the real property records of ______ County and attached |
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to the motion herein DOES NOT CONTAIN a discriminatory provision as |
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defined by Section 5.0261(a), Texas Property Code. |
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This court expressly limits its finding of fact and |
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conclusion of law to the review of a ministerial act. The county |
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clerk shall file this finding of fact and conclusion of law in the |
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same class of records in which the subject conveyance instrument or |
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document is filed, and the court directs the county clerk to index |
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it using the same names used to index the subject conveyance |
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instrument or document. |
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SIGNED ON THIS THE ________ DAY OF ____________________. |
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_______________________________ |
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JUDGE |
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________ (Court) |
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_____________ COUNTY, TEXAS |
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SECTION 2. Sections 193.003(a) and (b), Local Government |
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Code, are amended to read as follows: |
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(a) The county clerk shall maintain an alphabetical index to |
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all recorded deeds, powers of attorney, mortgages, correction |
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instruments, findings of fact and conclusions of law entered under |
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Section 5.0261, Property Code, and other instruments relating to |
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real property. The index must state the specific location in the |
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records at which the instruments are recorded. |
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(b) The index must be a cross-index that contains the names |
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of the grantors and grantees in alphabetical order. If a deed is |
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made by a sheriff, the index entry must contain the name of the |
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sheriff and the defendant in execution. If a deed is made by an |
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executor, administrator, or guardian, the index entry must contain |
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the name of that person and the name of the person's testator, |
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intestate, or ward. If a deed is made by an attorney, the index |
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entry must contain the name of the attorney and the attorney's |
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constituents. If a deed is made by a commissioner or trustee, the |
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index entry must contain the name of the commissioner or trustee and |
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the name of the person whose estate is conveyed. The index entry |
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for a correction instrument must contain the names of the grantors |
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and grantees as stated in the correction instrument. The index |
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entry for a finding of fact and conclusion of law entered under |
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Section 5.0261, Property Code, must contain the names of the |
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grantors and grantees as stated in the subject conveyance |
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instrument or document. The index entry for a paper document |
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described by Section 12.0011(b)(3), Property Code, must contain the |
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names of the grantors and grantees. |
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SECTION 3. This Act takes effect September 1, 2021. |