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A BILL TO BE ENTITLED
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AN ACT
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relating to filing of instruments conveying real property in |
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certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 11, Property Code, is amended by adding |
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Section 11.0041 to read as follows: |
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Sec. 11.0041. REVIEW OF CERTAIN INSTRUMENTS IN CERTAIN |
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COUNTIES. (a) This section applies only to a county clerk of a |
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county: |
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(1) some part of which is on the international border |
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of this state and which has a population of less than 15,000; or |
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(2) in which a colonia self-help center established |
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under Section 2306.582, Government Code, is located or which is |
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served by a colonia self-help center in another county. |
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(b) A county clerk, before filing an instrument conveying |
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real property, may send the instrument to the county attorney for |
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review under this section. The county attorney shall promptly: |
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(1) review the instrument to determine whether it |
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meets the requirements prescribed by law for an instrument that is |
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required to be recorded; and |
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(2) return the instrument to the county clerk with a |
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statement of the county attorney's determination under Subdivision |
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(1). |
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(c) Notwithstanding Section 11.004(a), a county clerk is |
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not required to file an instrument that the county attorney has |
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determined the clerk is not required to file. |
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SECTION 2. The change in law made by this Act applies only |
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to an instrument delivered to a county clerk on or after the |
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effective date of this Act. An instrument delivered to a county |
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clerk before the effective date of this Act is governed by the law |
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in effect immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |