83R10557 PMO-F
By: Uresti S.B. No. 887
A BILL TO BE ENTITLED
AN ACT
relating to certain correction instruments in the conveyance of
real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.028, Property Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A person who has personal knowledge of facts relevant to
the correction of a recorded original instrument of conveyance may
prepare or execute a correction instrument to make a nonmaterial
change that results from a clerical error, including:
(1) a correction of an inaccurate or incorrect element
in a legal description, such as a distance, angle, direction,
bearing or chord, a reference to a plat or other plat information, a
lot or [,] block number, a unit, building designation, or section
number, an appurtenant easement, a township name or number, a
municipality, county, or state name, a range number or meridian, a
certified survey map number, or a subdivision or condominium name;
or
(2) an addition, correction, or clarification of:
(A) a party's name, including the spelling of a
name, a first or middle name or initial, a suffix, an alternate name
by which a party is known, or a description of an entity as a
corporation, company, or other type of organization;
(B) a party's marital status;
(C) the date on which the conveyance was
executed;
(D) the recording data for an instrument
referenced in the correction instrument; or
(E) a fact relating to the acknowledgment or
authentication.
(a-1) A person who has personal knowledge of facts relevant
to the correction of a recorded original instrument of conveyance
may prepare or execute a correction instrument to make a
nonmaterial change that results from an inadvertent error,
including the addition, correction, or clarification of:
(1) a legal description prepared in connection with
the preparation of the original instrument but inadvertently
omitted from the original instrument; or
(2) an omitted call in a metes-and-bounds legal
description in the original instrument that completes the
description of the property.
SECTION 2. Section 5.030, Property Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) A correction instrument replaces and is a substitute for
the original instrument. Except as provided by Subsection (c), a
bona fide purchaser of property that is subject to a correction
instrument may rely on the instrument against any person making an
adverse or inconsistent claim.
(c) A correction instrument is subject to the property
interest of a creditor or a subsequent purchaser for valuable
consideration without notice acquired on or after the date the
original instrument was acknowledged, sworn to, or proved and filed
for record as required by law and before the correction instrument
has been acknowledged, sworn to, or proved and filed for record as
required by law.
SECTION 3. This Act takes effect September 1, 2013.