By: Gallego H.B. No. 3479
A BILL TO BE ENTITLED
AN ACT
relating to filing of instruments conveying real property in
certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 11, Property Code, is amended by adding
Section 11.0041 to read as follows:
Sec. 11.0041. REVIEW OF CERTAIN INSTRUMENTS IN CERTAIN
COUNTIES. (a) This section applies only to a county clerk of a
county:
(1) some part of which is on the international border
of this state and which has a population of less than 15,000; or
(2) in which a colonia self-help center established
under Section 2306.582, Government Code, is located or which is
served by a colonia self-help center in another county.
(b) A county clerk, before filing an instrument conveying
real property, may send the instrument to the county attorney for
review under this section. The county attorney shall promptly:
(1) review the instrument to determine whether it
meets the requirements prescribed by law for an instrument that is
required to be recorded; and
(2) return the instrument to the county clerk with a
statement of the county attorney's determination under Subdivision
(1).
(c) Notwithstanding Section 11.004(a), a county clerk is
not required to file an instrument that the county attorney has
determined the clerk is not required to file.
SECTION 2. The change in law made by this Act applies only
to an instrument delivered to a county clerk on or after the
effective date of this Act. An instrument delivered to a county
clerk 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, 2009.