Texas Senate Bill SB1496

Texas 2011 - 82nd Regular

• Introduced: 3/10/11
• Out of Senate Committee: 4/11/11
• Voted on by Senate: 4/21/11
• Refer: 3/22/11
• Out of House Committee: 5/2/11
• Report Pass: 4/11/11
• Voted on by House: 5/13/11
• Engrossed: 4/21/11
• Governor Action: 5/28/11
• Refer: 4/26/11
• Report Pass: 4/28/11
• Enrolled: 5/16/11
• Passed: 5/28/11

Caption

Relating to the scope and validity of correction instruments in the conveyance of real property.

Impact

The enactment of SB1496 is expected to simplify the process of correcting discrepancies in real estate documentation, thus promoting greater efficiency within the state’s property market. By allowing for both nonmaterial and material corrections, the bill differentiates the complexity of changes needed and establishes a clear pathway for parties to address errors. This could potentially reduce challenges related to property ownership claims, thereby increasing trust and confidence among buyers and sellers in real estate transactions in Texas.

Summary

Senate Bill 1496 focuses on amending the Property Code to clarify the scope and validity of correction instruments used in the conveyance of real property. The bill introduces several new sections that detail how correction instruments can effectively amend errors or ambiguities found in previously recorded original instruments. This legislation aims to streamline processes associated with real estate transactions, allowing parties to correct clerical errors or inaccuracies that arise during the title or deed transfer process without resorting to lengthy litigation or formal legal proceedings.

Contention

Notably, some concerns have been raised regarding the implications of statutory changes that allow parties to execute correction instruments without extensive verification. Critics argue that this could lead to misuse, where parties might exploit these provisions to manipulate recorded facts. Additionally, ensuring all affected parties are notified is crucial to prevent disputes stemming from unauthorized corrections. This bill may spark discussions among property law practitioners about the balance between administrative efficiency and legal protections necessary for all stakeholders involved in real property transactions.