Texas House Bill HB3479

Texas 2009 - 81st Regular

• Out of House Committee: 4/3/09
• Voted on by House: 4/28/09
• Out of Senate Committee: 5/23/09
• Voted on by Senate: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 6/2/09
• Passed: 6/19/09

Caption

Relating to filing of instruments conveying real property in certain counties and redemption of property after the foreclosure of certain assessment liens.

Impact

The enactment of HB 3479 is intended to safeguard the process by which real property is transferred in vulnerable counties where documentation might be less rigorously reviewed. By requiring an assessment from the county attorney, the legislation seeks to reduce errors in property filings, which could lead to disputes or issues in ownership rights, particularly in communities that may lack legal resources.

Summary

House Bill 3479 proposes amendments to the Property Code specifically relating to the filing of instruments conveying real property in certain counties, particularly those that are small and along the international border of Texas. The bill allows county clerks to send these instruments to the county attorney for review prior to being filed. This aims to ensure that the instruments meet legal requirements before they are officially recorded, thus adding a layer of scrutiny in the recording process of real property transactions.

Contention

Concerns could arise regarding the extra steps that would be needed for filing real property instruments, potentially causing delays in transactions. Critics may argue that this adds an administrative burden that could hinder property owners in counties that already face challenges due to limited resources. Supporters, on the other hand, would likely contend that these safeguards are essential to ensuring the integrity of property records and protecting citizens from potential fraud or errors in property conveyance.

Provisions

The bill specifies that it applies to counties that have a population of less than 15,000 and are either located on the international border or served by a colonia self-help center. This targeted approach recognizes the unique challenges faced in these areas and attempts to tailor the legislative measures accordingly. The bill's effective date is set for September 1, 2009, and it explicitly states that it only applies to instruments delivered after this date.