By: Miller of Comal (Senate Sponsor - Hancock) H.B. No. 3316
(In the Senate - Received from the House May 18, 2015;
May 18, 2015, read first time and referred to Committee on State
Affairs; May 22, 2015, reported favorably by the following vote:
Yeas 8, Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
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 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 not later than the
30th day after the date the instrument is filed for recording.
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.
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