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.