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A BILL TO BE ENTITLED
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AN ACT
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relating to certain correction instruments in the conveyance of |
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real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.028, Property Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) A person who has personal knowledge of facts relevant to |
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the correction of a recorded original instrument of conveyance may |
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prepare or execute a correction instrument to make a nonmaterial |
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change that results from a clerical error, including: |
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(1) a correction of an inaccurate or incorrect element |
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in a legal description, such as a distance, angle, direction, |
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bearing or chord, a reference to a plat or other plat information, a |
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lot or [,] block number, a unit, building designation, or section |
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number, an appurtenant easement, a township name or number, a |
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municipality, county, or state name, a range number or meridian, a |
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certified survey map number, or a subdivision or condominium name; |
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or |
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(2) an addition, correction, or clarification of: |
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(A) a party's name, including the spelling of a |
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name, a first or middle name or initial, a suffix, an alternate name |
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by which a party is known, or a description of an entity as a |
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corporation, company, or other type of organization; |
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(B) a party's marital status; |
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(C) the date on which the conveyance was |
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executed; |
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(D) the recording data for an instrument |
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referenced in the correction instrument; or |
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(E) a fact relating to the acknowledgment or |
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authentication. |
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(a-1) A person who has personal knowledge of facts relevant |
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to the correction of a recorded original instrument of conveyance |
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may prepare or execute a correction instrument to make a |
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nonmaterial change that results from an inadvertent error, |
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including the addition, correction, or clarification of: |
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(1) a legal description prepared in connection with |
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the preparation of the original instrument but inadvertently |
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omitted from the original instrument; or |
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(2) an omitted call in a metes and bounds legal |
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description in the original instrument that completes the |
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description of the property. |
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SECTION 2. Section 5.030, Property Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) A correction instrument replaces and is a substitute for |
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the original instrument. Except as provided by Subsection (c), a |
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bona fide purchaser of property that is subject to a correction |
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instrument may rely on the instrument against any person making an |
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adverse or inconsistent claim. |
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(c) A correction instrument is subject to the property |
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interest of a creditor or a subsequent purchaser for valuable |
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consideration without notice acquired on or after the date the |
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original instrument was acknowledged, sworn to, or proved and filed |
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for record as required by law and before the correction instrument |
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has been acknowledged, sworn to, or proved and filed for record as |
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required by law. |
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SECTION 3. This Act takes effect September 1, 2013. |