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A BILL TO BE ENTITLED
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AN ACT
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relating to provision clarifying the timing of the provision of the |
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Texas Probate Code relating to durable power of attorney. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Subtitle P, Chapter 751, Section |
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751.151, Estates Code, is amended to 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) A real property transaction is voidable by any person if |
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the durable power of attorney for a real property transaction is not |
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filed of record with the office of the county clerk on or within 10 |
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days after the date of the filing of the real property transaction. |
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SECTION 2. EFFECTIVE DATE. |
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This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2015. |