1-1     By:  Dukes (Senate Sponsor - Wentworth)               H.B. No. 2683

 1-2           (In the Senate - Received from the House April 27, 1997;

 1-3     April 29, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; May 6, 1997, reported favorably by the following

 1-5     vote:  Yeas 6, Nays 0; May 6, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to subdivision descriptions in contracts to convey real

 1-9     property.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 12.002, Property Code, is amended by

1-12     amending Subsection (c) and adding Subsection (d) to read as

1-13     follows:

1-14           (c)  Except as provided by Subsection (d), a [A] person who

1-15     subdivides real property may not use the subdivision's description

1-16     in a deed of conveyance, a contract for a deed, or a contract of

1-17     sale or other executory contract to convey that is delivered to a

1-18     purchaser unless the plat or replat of the subdivision is approved

1-19     and is filed for record with the county clerk of the county in

1-20     which the property is located and unless the plat or replat has

1-21     attached to it the documents required by Section 212.0105 or

1-22     232.0035, Local Government Code, if applicable.

1-23           (d)  Subsection (c) does not apply to using a subdivision's

1-24     description in a contract to convey real property before the plat

1-25     or replat of the subdivision is approved and is filed for record

1-26     with the county clerk if:

1-27                 (1)  the conveyance is expressly contingent on approval

1-28     and recording of the final plat; and

1-29                 (2)  the purchaser is not given use or occupancy of the

1-30     real property conveyed before the recording of the final plat.

1-31           SECTION 2.  The changes in law made by this Act apply only to

1-32     a contract to convey real property entered into on or after the

1-33     effective date of this Act.

1-34           SECTION 3.  This Act takes effect September 1, 1997.

1-35           SECTION 4.  The importance of this legislation and the

1-36     crowded condition of the calendars in both houses create an

1-37     emergency and an imperative public necessity that the

1-38     constitutional rule requiring bills to be read on three several

1-39     days in each house be suspended, and this rule is hereby suspended.

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