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By: Gallego (Senate Sponsor - Uresti) |
H.B. No. 3479 |
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(In the Senate - Received from the House April 29, 2009; |
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May 6, 2009, read first time and referred to Committee on |
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Intergovernmental Relations; May 23, 2009, reported adversely, |
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with favorable Committee Substitute by the following vote: Yeas 5, |
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Nays 0; May 23, 2009, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR H.B. No. 3479 |
By: Nichols |
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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 the county clerk of a |
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county: |
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(1) that: |
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(A) is located on the international border; and |
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(B) has a population of less than 15,000; |
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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 |
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(3) that is served by a colonia self-help center |
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described by Subdivision (2) in another county. |
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(b) Before accepting an instrument conveying real property |
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for filing, the county clerk may send the instrument to the county |
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attorney for review under this section. Not later than one business |
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day after the date the county attorney receives an instrument under |
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this subsection, the county attorney shall: |
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(1) review the instrument to determine whether the |
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platting requirements prescribed by Sections 232.023, 232.025, and |
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232.031, Local Government Code, have been satisfied; 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), the county clerk |
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shall immediately notify the party that presented the instrument |
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for recording that: |
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(1) the clerk is referring the instrument to the |
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county attorney for review; |
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(2) the instrument will not be immediately recorded; |
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and |
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(3) the clerk is not required to file an instrument the |
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county attorney determines 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. |
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