BILL ANALYSIS

S.B. 584

By: Uresti

County Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties note that recently enacted legislation created a uniform system for correcting recorded documents relating to the conveyance of real property. These parties assert that some confusion has arisen regarding how county clerks are to index the correction instrument. S.B. 584 seeks to address this issue.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 584 amends the Local Government Code to include correction instruments among the items to be indexed in a county clerk's alphabetical index of recorded deeds, powers of attorney, mortgages, and other instruments relating to real property. The bill requires the index entry for a correction instrument to contain the names of the grantors and grantees as stated in the correction instrument. The bill removes the specification that the index be well-bound. The bill defines "correction instrument" as an instrument correcting an ambiguity or error in a recorded original instrument of conveyance to transfer real property or an interest in real property.

EFFECTIVE DATE

September 1, 2015.