1-1  By:  Uher (Senate Sponsor - Harris of Tarrant)        H.B. No. 1149
    1-2        (In the Senate - Received from the House April 5, 1993;
    1-3  April 5, 1993, read first time and referred to Committee on
    1-4  Economic Development; May 20, 1993, reported adversely, with
    1-5  favorable Committee Substitute by the following vote:  Yeas 8, Nays
    1-6  0; May 20, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Parker             x                               
   1-10        Lucio                                          x   
   1-11        Ellis              x                               
   1-12        Haley              x                               
   1-13        Harris of Dallas                               x   
   1-14        Harris of Tarrant  x                               
   1-15        Leedom             x                               
   1-16        Madla                                          x   
   1-17        Rosson             x                               
   1-18        Shapiro            x                               
   1-19        Wentworth          x                               
   1-20  COMMITTEE SUBSTITUTE FOR H.B. No. 1149       By:  Harris of Tarrant
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to title to real estate interests and real property
   1-24  interests transferred by a receiver or conservator of a failed
   1-25  depository institution.
   1-26        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-27        SECTION 1.  Chapter 12, Property Code, is amended by adding
   1-28  Section 12.017 to read as follows:
   1-29        Sec. 12.017.  TRANSFER BY RECEIVER OR CONSERVATOR OF FAILED
   1-30  DEPOSITORY INSTITUTION.  If a bank, savings and loan association,
   1-31  savings bank, or other depository institution is placed in
   1-32  receivership or conservatorship by a state or federal agency,
   1-33  instrumentality, or institution, including the Banking Department
   1-34  of Texas, Savings and Loan Department of Texas, Office of the
   1-35  Comptroller of the Currency, Resolution Trust Corporation, Federal
   1-36  Deposit Insurance Corporation, Federal Savings and Loan Insurance
   1-37  Corporation, or their successors, a person at any time may record
   1-38  an affidavit or memorandum of a sale, transfer, purchase, or
   1-39  acquisition agreement between the receiver or conservator of the
   1-40  failed depository institution and another depository institution.
   1-41  If the sale, transfer, purchase, or acquisition agreement transfers
   1-42  or sells an interest in land or in a mortgage or other lien vested
   1-43  according to the real property records in the failed depository
   1-44  institution, a recorded affidavit or memorandum under this section
   1-45  is constructive notice of the transfer or sale.  The failure of the
   1-46  affidavit or memorandum to be executed by the record owner or of
   1-47  the affidavit, memorandum, or agreement to contain language of
   1-48  conveyance does not create a defect in title to the land or the
   1-49  lien.
   1-50        SECTION 2.  The importance of this legislation and the
   1-51  crowded condition of the calendars in both houses create an
   1-52  emergency and an imperative public necessity that the
   1-53  constitutional rule requiring bills to be read on three several
   1-54  days in each house be suspended, and this rule is hereby suspended,
   1-55  and that this Act take effect and be in force from and after its
   1-56  passage, and it is so enacted.
   1-57                               * * * * *
   1-58                                                         Austin,
   1-59  Texas
   1-60                                                         May 20, 1993
   1-61  Hon. Bob Bullock
   1-62  President of the Senate
   1-63  Sir:
   1-64  We, your Committee on Economic Development to which was referred
   1-65  H.B. No. 1149, have had the same under consideration, and I am
   1-66  instructed to report it back to the Senate with the recommendation
   1-67  that it do not pass, but that the Committee Substitute adopted in
   1-68  lieu thereof do pass and be printed.
    2-1                                                         Parker,
    2-2  Chairman
    2-3                               * * * * *
    2-4                               WITNESSES
    2-5                                                  FOR   AGAINST  ON
    2-6  ___________________________________________________________________
    2-7  Name:  Gayle Vickers                             x
    2-8  Representing:  Texas Bankers Assn.
    2-9  City:  Austin
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   2-11  Name:  Jim Gosdin                                x
   2-12  Representing:  Stewart Title
   2-13  City:  Houston
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   2-15  Name:  Randy M. Lee                              x
   2-16  Representing:  Stewart Title
   2-17  City:  Austin
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   2-19  Name:  Karen Neeley                              x
   2-20  Representing:  Ind. Bankers Assn. of Texas
   2-21  City:  Austin
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