Bill Text: TX HB1176 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to technical defects in instruments affecting real property.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-05-22 - Not again placed on intent calendar [HB1176 Detail]
Download: Texas-2019-HB1176-Comm_Sub.html
By: Darby (Senate Sponsor - Menéndez) | H.B. No. 1176 | |
(In the Senate - Received from the House April 26, 2019; | ||
April 29, 2019, read first time and referred to Committee on State | ||
Affairs; May 10, 2019, reported favorably by the following vote: | ||
Yeas 7, Nays 1; May 10, 2019, sent to printer.) | ||
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relating to technical defects in instruments affecting real | ||
property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 16.033(a) and (c), Civil Practice and | ||
Remedies Code, are amended to read as follows: | ||
(a) A person with a right of action for the recovery of real | ||
property or an interest in real property conveyed by an instrument | ||
with one of the following defects must bring suit not later than two | ||
years after the day the instrument was filed for record with the | ||
county clerk of the county where the real property is located: | ||
(1) lack of the signature of a proper corporate | ||
officer, partner, or company officer, manager, or member; | ||
(2) lack of a corporate seal; | ||
(3) failure of the record to show the corporate seal | ||
used; | ||
(4) failure of the record to show authority of the | ||
board of directors or stockholders of a corporation, partners of a | ||
partnership, or officers, managers, or members of a company; | ||
(5) execution and delivery of the instrument by a | ||
corporation, partnership, or other company that had been dissolved, | ||
whose charter had expired, or whose franchise had been canceled, | ||
withdrawn, or forfeited; | ||
(6) [ |
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record of the authority of the trustee or proof of the facts recited | ||
in the instrument; | ||
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(7) [ |
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or might create an implied lien in favor of the grantor. | ||
(c) An [ |
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affecting real property containing a [ |
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omission of, or informality in the [ |
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that has been filed for record for longer than six months [ |
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the property is located is considered to have been lawfully | ||
recorded and to be notice of the existence of the instrument on and | ||
after the date the instrument is filed. | ||
SECTION 2. The change in law made by this Act applies only | ||
to an instrument filed for record on or after the effective date of | ||
this Act. An instrument filed for record before the effective date | ||
of this Act is governed by the law in effect immediately before the | ||
effective date of this Act, and that law is continued in effect for | ||
that purpose. | ||
SECTION 3. This Act takes effect September 1, 2019. | ||
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