83R10557 PMO-F
 
  By: Uresti S.B. No. 887
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain correction instruments in the conveyance of
  real property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 5.028, Property Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  A person who has personal knowledge of facts relevant to
  the correction of a recorded original instrument of conveyance may
  prepare or execute a correction instrument to make a nonmaterial
  change that results from a clerical error, including:
               (1)  a correction of an inaccurate or incorrect element
  in a legal description, such as a distance, angle, direction,
  bearing or chord, a reference to a plat or other plat information, a
  lot or [,] block number, a unit, building designation, or section
  number, an appurtenant easement, a township name or number, a
  municipality, county, or state name, a range number or meridian, a
  certified survey map number, or a subdivision or condominium name;
  or
               (2)  an addition, correction, or clarification of:
                     (A)  a party's name, including the spelling of a
  name, a first or middle name or initial, a suffix, an alternate name
  by which a party is known, or a description of an entity as a
  corporation, company, or other type of organization;
                     (B)  a party's marital status;
                     (C)  the date on which the conveyance was
  executed;
                     (D)  the recording data for an instrument
  referenced in the correction instrument; or
                     (E)  a fact relating to the acknowledgment or
  authentication.
         (a-1)  A person who has personal knowledge of facts relevant
  to the correction of a recorded original instrument of conveyance
  may prepare or execute a correction instrument to make a
  nonmaterial change that results from an inadvertent error,
  including the addition, correction, or clarification of:
               (1)  a legal description prepared in connection with
  the preparation of the original instrument but inadvertently
  omitted from the original instrument; or
               (2)  an omitted call in a metes-and-bounds legal
  description in the original instrument that completes the
  description of the property.
         SECTION 2.  Section 5.030, Property Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  A correction instrument replaces and is a substitute for
  the original instrument. Except as provided by Subsection (c), a 
  bona fide purchaser of property that is subject to a correction
  instrument may rely on the instrument against any person making an
  adverse or inconsistent claim.
         (c)  A correction instrument is subject to the property
  interest of a creditor or a subsequent purchaser for valuable
  consideration without notice acquired on or after the date the
  original instrument was acknowledged, sworn to, or proved and filed
  for record as required by law and before the correction instrument
  has been acknowledged, sworn to, or proved and filed for record as
  required by law.
         SECTION 3.  This Act takes effect September 1, 2013.