1-1 By: Pitts (Senate Sponsor - Harris of Tarrant) H.B. No. 1143
1-2 (In the Senate - Received from the House April 19, 1993;
1-3 April 19, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 4, 1993, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 4, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to an action for recovery of real property conveyed by an
1-18 instrument with certain technical defects.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Section 16.033(a), Civil Practice and Remedies
1-21 Code, is amended to read as follows:
1-22 (a) A person with a right of action for the recovery of real
1-23 property conveyed by an instrument with one of the following
1-24 defects must bring suit not later than four <10> years after the
1-25 day the instrument was recorded with the county clerk of the county
1-26 where the real property is located:
1-27 (1) lack of the signature of a proper corporate
1-28 officer, partner, or company officer, manager, or member;
1-29 (2) lack of a corporate seal;
1-30 (3) failure of the record to show the corporate seal
1-31 used;
1-32 (4) failure of the record to show authority of the
1-33 board of directors or stockholders of a corporation, partners of a
1-34 partnership, or officers, managers, or members of a company;
1-35 (5) execution and delivery of the instrument by a
1-36 corporation, partnership, or other company that had been dissolved,
1-37 whose charter had expired, or whose franchise had been canceled,
1-38 withdrawn, or forfeited;
1-39 (6) acknowledgment of the instrument in an individual,
1-40 rather than a representative or official, capacity;
1-41 (7) execution of the instrument by a trustee without
1-42 record of the authority of the trustee or proof of the facts
1-43 recited in the instrument;
1-44 (8) <failure of the public officer taking the
1-45 acknowledgment to affix the official seal to the instrument;>
1-46 <(9)> failure of the record or instrument to show an
1-47 acknowledgment or jurat that complies with applicable law <the
1-48 notarial seal>; or
1-49 (9) <(10)> wording of the stated consideration that
1-50 may or might create an implied lien in favor of the grantor.
1-51 SECTION 2. This Act takes effect September 1, 1993, and
1-52 applies only to a suit that is filed on or after that date. A suit
1-53 that is filed before the effective date of this Act is governed by
1-54 the law in effect at the time the suit is filed, and that law is
1-55 continued in effect for that purpose.
1-56 SECTION 3. The importance of this legislation and the
1-57 crowded condition of the calendars in both houses create an
1-58 emergency and an imperative public necessity that the
1-59 constitutional rule requiring bills to be read on three several
1-60 days in each house be suspended, and this rule is hereby suspended.
1-61 * * * * *
1-62 Austin,
1-63 Texas
1-64 May 4, 1993
1-65 Hon. Bob Bullock
1-66 President of the Senate
1-67 Sir:
1-68 We, your Committee on Jurisprudence to which was referred H.B.
2-1 No. 1143, have had the same under consideration, and I am
2-2 instructed to report it back to the Senate with the recommendation
2-3 that it do pass and be printed.
2-4 Henderson,
2-5 Chairman
2-6 * * * * *
2-7 WITNESSES
2-8 FOR AGAINST ON
2-9 ___________________________________________________________________
2-10 Name: Robert Sneed x
2-11 Representing: TX Land Title Assoc.
2-12 City: Austin
2-13 -------------------------------------------------------------------
2-14 Name: Randy M. Lee x
2-15 Representing: Stewart Title Guaranty Co.
2-16 City: Austin
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