| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | By: Watson S.B. No. 1187 | |
| 2 | 2 | (Hartnett) | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the effect of indexing notices of lis pendens. | |
| 8 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 9 | 9 | SECTION 1. Section 13.004, Property Code, is amended to | |
| 10 | 10 | read as follows: | |
| 11 | 11 | Sec. 13.004. EFFECT OF RECORDING LIS PENDENS. (a) A | |
| 12 | 12 | recorded lis pendens is notice to the world of its contents. The | |
| 13 | 13 | notice is effective from the time it is filed for record and indexed | |
| 14 | 14 | as provided by Section 12.007(c), regardless of whether service has | |
| 15 | 15 | been made on the parties to the proceeding. | |
| 16 | 16 | (b) A transfer or encumbrance of real property involved in a | |
| 17 | 17 | proceeding by a party to the proceeding to a third party who has | |
| 18 | 18 | paid a valuable consideration and who does not have actual or | |
| 19 | 19 | constructive notice of the proceeding is effective, even though the | |
| 20 | 20 | judgment is against the party transferring or encumbering the | |
| 21 | 21 | property, unless a notice of the pendency of the proceeding has been | |
| 22 | 22 | recorded and indexed under that party's name as provided by Section | |
| 23 | 23 | 12.007(c) in each county in which the property is located. | |
| 24 | 24 | SECTION 2. The change in law made by this Act applies only | |
| 25 | 25 | to a notice of lis pendens filed for record on or after the | |
| 26 | 26 | effective date of this Act. A notice filed for record before the | |
| 27 | 27 | effective date of this Act is covered by the law in effect when the | |
| 28 | 28 | notice was filed, and the former law is continued in effect for that | |
| 29 | 29 | purpose. | |
| 30 | 30 | SECTION 3. This Act takes effect September 1, 2011. |