By Wentworth S.B. No. 1803
75R8702 CAS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to subdivision descriptions in contracts to convey real
1-3 property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 12.002, Property Code, is amended by
1-6 amending Subsection (c) and adding Subsection (d) to read as
1-7 follows:
1-8 (c) Except as provided by Subsection (d), a [A] person who
1-9 subdivides real property may not use the subdivision's description
1-10 in a deed of conveyance, a contract for a deed, or a contract of
1-11 sale or other executory contract to convey that is delivered to a
1-12 purchaser unless the plat or replat of the subdivision is approved
1-13 and is filed for record with the county clerk of the county in
1-14 which the property is located and unless the plat or replat has
1-15 attached to it the documents required by Section 212.0105 or
1-16 232.0035, Local Government Code, if applicable.
1-17 (d) Subsection (c) does not apply to using a subdivision's
1-18 description in a contract to convey real property before the plat
1-19 or replat of the subdivision is approved and is filed for record
1-20 with the county clerk if:
1-21 (1) the conveyance is expressly contingent on approval
1-22 and recording of the final plat; and
1-23 (2) the purchaser is not given use or occupancy of the
1-24 real property conveyed before the recording of the final plat.
2-1 SECTION 2. The changes in law made by this Act apply only to
2-2 a contract to convey real property entered into on or after the
2-3 effective date of this Act.
2-4 SECTION 3. This Act takes effect September 1, 1997.
2-5 SECTION 4. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.