By: Pitts H.B. No. 1143
73R4074 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to an action for recovery of real property conveyed by an
1-3 instrument with certain technical defects.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 16.033(a), Civil Practice and Remedies
1-6 Code, is amended to read as follows:
1-7 (a) A person with a right of action for the recovery of real
1-8 property conveyed by an instrument with one of the following
1-9 defects must bring suit not later than four <10> years after the
1-10 day the instrument was recorded with the county clerk of the county
1-11 where the real property is located:
1-12 (1) lack of the signature of a proper corporate
1-13 officer, partner, or company manager or member;
1-14 (2) lack of a corporate seal;
1-15 (3) failure of the record to show the corporate seal
1-16 used;
1-17 (4) failure of the record to show authority of the
1-18 board of directors or stockholders of a corporation, partner of a
1-19 partnership, or manager or member of a company;
1-20 (5) execution and delivery of the instrument by a
1-21 corporation, partnership, or other company that had been dissolved,
1-22 whose charter had expired, or whose franchise had been canceled,
1-23 withdrawn, or forfeited;
1-24 (6) acknowledgment of the instrument in an individual,
2-1 rather than a representative or official, capacity;
2-2 (7) execution of the instrument by a trustee without
2-3 record of the authority of the trustee or proof of the facts
2-4 recited in the instrument;
2-5 (8) <failure of the public officer taking the
2-6 acknowledgment to affix the official seal to the instrument;>
2-7 <(9)> failure of the record or instrument to show an
2-8 acknowledgment or jurat that complies with applicable law <the
2-9 notarial seal>; or
2-10 (9) <(10)> wording of the stated consideration that
2-11 may or might create an implied lien in favor of the grantor.
2-12 SECTION 2. This Act takes effect September 1, 1993, and
2-13 applies only to a suit that is filed on or after that date. A suit
2-14 that is filed before the effective date of this Act is governed by
2-15 the law in effect at the time the suit is filed, and that law is
2-16 continued in effect for that purpose.
2-17 SECTION 3. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.