By: Miller of Comal H.B. No. 3316
A BILL TO BE ENTITLED
AN ACT
relating to provision clarifying the timing of the provision of the
Texas Probate Code relating to durable power of attorney.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Subtitle P, Chapter 751, 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) A real property transaction is voidable by any person if
the durable power of attorney for a real property transaction is not
filed of record with the office of the county clerk on or within 10
days after the date of the filing of the real property transaction.
SECTION 2. EFFECTIVE DATE.
This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2015.