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A BILL TO BE ENTITLED
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AN ACT
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relating to the effect of indexing notices of lis pendens. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.004, Property Code, is amended to |
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read as follows: |
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Sec. 13.004. EFFECT OF RECORDING LIS PENDENS. (a) A |
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recorded lis pendens is notice to the world of its contents. The |
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notice is effective from the time it is filed for record and indexed |
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as provided by Section 12.007(c), regardless of whether service has |
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been made on the parties to the proceeding. |
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(b) A transfer or encumbrance of real property involved in a |
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proceeding by a party to the proceeding to a third party who has |
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paid a valuable consideration and who does not have actual or |
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constructive notice of the proceeding is effective, even though the |
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judgment is against the party transferring or encumbering the |
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property, unless a notice of the pendency of the proceeding has been |
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recorded and indexed under that party's name as provided by Section |
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12.007(c) in each county in which the property is located. |
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SECTION 2. The change in law made by this Act applies only |
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to a notice of lis pendens filed for record on or after the |
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effective date of this Act. A notice filed for record before the |
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effective date of this Act is covered by the law in effect when the |
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notice was filed, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |