84R15716 CLG-F
By: Miller of Comal H.B. No. 3316
Substitute the following for H.B. No. 3316:
By: Thompson of Harris C.S.H.B. No. 3316
A BILL TO BE ENTITLED
AN ACT
relating to the time for recording a durable power of attorney for
certain real property transactions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 751.151, Estates Code, is amended to
read as follows:
Sec. 751.151. RECORDING FOR REAL PROPERTY TRANSACTIONS
REQUIRING EXECUTION AND DELIVERY OF INSTRUMENTS. (a) A durable
power of attorney for a real property transaction requiring the
execution and delivery of an instrument that is to be recorded,
including a release, assignment, satisfaction, mortgage, security
agreement, deed of trust, encumbrance, deed of conveyance, oil,
gas, or other mineral lease, memorandum of a lease, lien, or other
claim or right to real property, must be recorded in the office of
the county clerk of the county in which the property is located.
(b) If a durable power of attorney for a real property
transaction described by Subsection (a) is not filed for recording
as required by that subsection on or before the 10th day after the
date the instrument to be recorded in connection with the
transaction is filed for recording, the transaction is voidable by
any person.
SECTION 2. This Act applies only to a real property
transaction entered into on or after the effective date of this Act.
A real property transaction entered into before the effective date
of this Act is governed by the law in effect when the transaction
was entered into, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2015.