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A BILL TO BE ENTITLED
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AN ACT
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relating to the time for recording a durable power of attorney for |
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certain real property transactions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 751.151, Estates Code, is amended to |
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read as follows: |
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Sec. 751.151. RECORDING FOR REAL PROPERTY TRANSACTIONS |
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REQUIRING EXECUTION AND DELIVERY OF INSTRUMENTS. (a) A durable |
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power of attorney for a real property transaction requiring the |
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execution and delivery of an instrument that is to be recorded, |
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including a release, assignment, satisfaction, mortgage, security |
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agreement, deed of trust, encumbrance, deed of conveyance, oil, |
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gas, or other mineral lease, memorandum of a lease, lien, or other |
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claim or right to real property, must be recorded in the office of |
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the county clerk of the county in which the property is located. |
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(b) If a durable power of attorney for a real property |
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transaction described by Subsection (a) is not filed for recording |
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as required by that subsection on or before the 10th day after the |
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date the instrument to be recorded in connection with the |
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transaction is filed for recording, the transaction is voidable by |
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any person. |
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SECTION 2. This Act applies only to a real property |
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transaction entered into on or after the effective date of this Act. |
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A real property transaction entered into before the effective date |
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of this Act is governed by the law in effect when the transaction |
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was entered into, 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, 2015. |