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By: Miller of Comal (Senate Sponsor - Hancock) |
H.B. No. 3316 |
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(In the Senate - Received from the House May 18, 2015; |
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May 18, 2015, read first time and referred to Committee on State |
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Affairs; May 22, 2015, reported favorably by the following vote: |
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Yeas 8, Nays 0; May 22, 2015, sent to printer.) |
| Click here to see the committee vote |
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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 durable power of |
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attorney for a real property transaction requiring the execution |
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and delivery of an instrument that is to be recorded, including a |
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release, assignment, satisfaction, mortgage, security agreement, |
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deed of trust, encumbrance, deed of conveyance, oil, gas, or other |
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mineral lease, memorandum of a lease, lien, or other claim or right |
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to real property, must be recorded in the office of the county clerk |
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of the county in which the property is located not later than the |
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30th day after the date the instrument is filed for recording. |
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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. |
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