Texas 2013 - 83rd Regular

Texas Senate Bill SB887 Compare Versions

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Old	New	Differences
1	1	By: Uresti S.B. No. 887
2	2	(Orr)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain correction instruments in the conveyance of
8	8	real property.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 5.028, Property Code, is amended by
11	11	amending Subsection (a) and adding Subsection (a-1) to read as
12	12	follows:
13	13	(a) A person who has personal knowledge of facts relevant to
14	14	the correction of a recorded original instrument of conveyance may
15	15	prepare or execute a correction instrument to make a nonmaterial
16	16	change that results from a clerical error, including:
17	17	(1) a correction of an inaccurate or incorrect element
18	18	in a legal description, such as a distance, angle, direction,
19	19	bearing or chord, a reference to a plat or other plat information, a
20	20	lot or [,] block number, a unit, building designation, or section
21	21	number, an appurtenant easement, a township name or number, a
22	22	municipality, county, or state name, a range number or meridian, a
23	23	certified survey map number, or a subdivision or condominium name;
24	24	or
25	25	(2) an addition, correction, or clarification of:
26	26	(A) a party's name, including the spelling of a
27	27	name, a first or middle name or initial, a suffix, an alternate name
28	28	by which a party is known, or a description of an entity as a
29	29	corporation, company, or other type of organization;
30	30	(B) a party's marital status;
31	31	(C) the date on which the conveyance was
32	32	executed;
33	33	(D) the recording data for an instrument
34	34	referenced in the correction instrument; or
35	35	(E) a fact relating to the acknowledgment or
36	36	authentication.
37	37	(a-1) A person who has personal knowledge of facts relevant
38	38	to the correction of a recorded original instrument of conveyance
39	39	may prepare or execute a correction instrument to make a
40	40	nonmaterial change that results from an inadvertent error,
41	41	including the addition, correction, or clarification of:
42	42	(1) a legal description prepared in connection with
43	43	the preparation of the original instrument but inadvertently
44	44	omitted from the original instrument; or
45	45	(2) an omitted call in a metes and bounds legal
46	46	description in the original instrument that completes the
47	47	description of the property.
48	48	SECTION 2. Section 5.030, Property Code, is amended by
49	49	amending Subsection (b) and adding Subsection (c) to read as
50	50	follows:
51	51	(b) A correction instrument replaces and is a substitute for
52	52	the original instrument. Except as provided by Subsection (c), a
53	53	bona fide purchaser of property that is subject to a correction
54	54	instrument may rely on the instrument against any person making an
55	55	adverse or inconsistent claim.
56	56	(c) A correction instrument is subject to the property
57	57	interest of a creditor or a subsequent purchaser for valuable
58	58	consideration without notice acquired on or after the date the
59	59	original instrument was acknowledged, sworn to, or proved and filed
60	60	for record as required by law and before the correction instrument
61	61	has been acknowledged, sworn to, or proved and filed for record as
62	62	required by law.
63	63	SECTION 3. This Act takes effect September 1, 2013.