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.
1-40 * * * * *