| 1 | | - | By: Miller of Comal (Senate Sponsor - Hancock) H.B. No. 3316 |
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| 2 | | - | (In the Senate - Received from the House May 18, 2015; |
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| 3 | | - | May 18, 2015, read first time and referred to Committee on State |
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| 4 | | - | Affairs; May 22, 2015, reported favorably by the following vote: |
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| 5 | | - | Yeas 8, Nays 0; May 22, 2015, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 3316 |
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| 10 | 4 | | AN ACT |
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| 11 | 5 | | relating to the time for recording a durable power of attorney for |
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| 12 | 6 | | certain real property transactions. |
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| 13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 8 | | SECTION 1. Section 751.151, Estates Code, is amended to |
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| 15 | 9 | | read as follows: |
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| 16 | 10 | | Sec. 751.151. RECORDING FOR REAL PROPERTY TRANSACTIONS |
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| 17 | 11 | | REQUIRING EXECUTION AND DELIVERY OF INSTRUMENTS. A durable power of |
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| 18 | 12 | | attorney for a real property transaction requiring the execution |
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| 19 | 13 | | and delivery of an instrument that is to be recorded, including a |
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| 20 | 14 | | release, assignment, satisfaction, mortgage, security agreement, |
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| 21 | 15 | | deed of trust, encumbrance, deed of conveyance, oil, gas, or other |
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| 22 | 16 | | mineral lease, memorandum of a lease, lien, or other claim or right |
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| 23 | 17 | | to real property, must be recorded in the office of the county clerk |
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| 24 | 18 | | of the county in which the property is located not later than the |
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| 25 | 19 | | 30th day after the date the instrument is filed for recording. |
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| 26 | 20 | | SECTION 2. This Act applies only to a real property |
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| 27 | 21 | | transaction entered into on or after the effective date of this Act. |
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| 28 | 22 | | A real property transaction entered into before the effective date |
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| 29 | 23 | | of this Act is governed by the law in effect when the transaction |
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| 30 | 24 | | was entered into, and the former law is continued in effect for that |
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| 31 | 25 | | purpose. |
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| 32 | 26 | | SECTION 3. This Act takes effect September 1, 2015. |
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| 33 | | - | * * * * * |
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| 27 | + | ______________________________ ______________________________ |
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| 28 | + | President of the Senate Speaker of the House |
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| 29 | + | I certify that H.B. No. 3316 was passed by the House on May |
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| 30 | + | 15, 2015, by the following vote: Yeas 128, Nays 1, 2 present, not |
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| 31 | + | voting. |
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| 32 | + | ______________________________ |
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| 33 | + | Chief Clerk of the House |
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| 34 | + | I certify that H.B. No. 3316 was passed by the Senate on May |
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| 35 | + | 26, 2015, by the following vote: Yeas 31, Nays 0. |
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| 36 | + | ______________________________ |
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| 37 | + | Secretary of the Senate |
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| 38 | + | APPROVED: _____________________ |
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| 39 | + | Date |
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| 40 | + | _____________________ |
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| 41 | + | Governor |
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