1-1 By: Harris S.B. No. 804
1-2 (In the Senate - Filed February 28, 1995; March 1, 1995, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 26, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 26, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 804 By: Harris
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to preparation of certain secondary loan documents by an
1-11 attorney.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 5, Title 79, Revised Statutes (Article
1-14 5069-5.01 et seq., Vernon's Texas Civil Statutes), is amended by
1-15 adding Article 5.04A to read as follows:
1-16 Art. 5.04A. DOCUMENT PREPARATION BY AN ATTORNEY. (a) A
1-17 document that is prepared in connection with a secondary mortgage
1-18 loan and that affects title to real property may be prepared only
1-19 by an attorney who is licensed in the State of Texas.
1-20 (b) A deed of trust or other security instrument prepared in
1-21 connection with a secondary mortgage loan must contain a notice of
1-22 the attorney or law firm that prepared the document. The notice
1-23 must be in at least 10-point bold type or its equivalent and must
1-24 be in the following form with the blanks appropriately filled:
1-25 NOTICE
1-26 Your loan documents have been prepared by the following
1-27 attorney or law firm: ______________________________.
1-28 The business address of the attorney or firm
1-29 is _________________________________________.
1-30 The telephone number of the attorney or firm
1-31 is _________________________________________.
1-32 If you have a question regarding the terms and
1-33 conditions of this document, call the following
1-34 person at the office of the attorney or
1-35 firm: ___________________________.
1-36 You may call between ___a.m. and ___p.m. on the
1-37 following days: ____________________________________ .
1-38 If you sign this document and you fail to meet the
1-39 conditions of this document, you may lose your legal
1-40 ownership rights in your home. KNOW YOUR RIGHTS AND
1-41 DUTIES UNDER THE LAW.
1-42 (c) A deed of trust or other security instrument that does
1-43 not contain the notice required by this article shall be deemed to
1-44 be in violation of the provisions of Chapter 5, Title 79, Revised
1-45 Statutes (Article 5069-5.01 et seq., Vernon's Texas Civil
1-46 Statutes), and subject to the consequences of such violation.
1-47 SECTION 2. This Act applies only to a document executed on
1-48 or after the effective date of this Act. A document executed
1-49 before the effective date of this Act is covered by the law in
1-50 effect when the document was executed, and the former law is
1-51 continued in effect for that purpose.
1-52 SECTION 3. This Act takes effect September 1, 1995.
1-53 SECTION 4. The importance of this legislation and the
1-54 crowded condition of the calendars in both houses create an
1-55 emergency and an imperative public necessity that the
1-56 constitutional rule requiring bills to be read on three several
1-57 days in each house be suspended, and this rule is hereby suspended.
1-58 * * * * *