By: Lambert (Senate Sponsor - Uresti) H.B. No. 3423
(In the Senate - Received from the House May 5, 2017;
May 10, 2017, read first time and referred to Committee on State
Affairs; May 18, 2017, reported favorably by the following vote:
Yeas 9, Nays 0; May 18, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the recording by a county clerk of certain documents
relating to the sale or lease of public school land.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.065, Natural Resources Code, is
amended to read as follows:
Sec. 51.065. NOTICE AND RECORD OF SALE. (a) The
commissioner shall send a written notice of the sale of a tract of
public school land to [notify] the county clerk of the proper county
that includes [of the sale of each tract of land,] the name and
address of the purchaser[,] and the price of the land.
(b) After receiving a notice of the [being informed of any]
sale of public school land, the county clerk shall record the notice
at no charge in the official public records of the county [enter in
his books opposite the description of the land sold, the name of the
purchaser and the date of the sale].
(c) The notice of sale is a [and the book containing the
entry are] public record [records].
SECTION 2. Section 51.066(c), Natural Resources Code, is
amended to read as follows:
(c) One copy of the land award shall be retained in the land
office, one [and the other] copy shall be sent to the purchaser, and
one copy shall be sent to the county clerk of the proper county to be
recorded at no charge in the official public records of the county.
SECTION 3. Section 51.176(c), Natural Resources Code, is
amended to read as follows:
(c) The county clerk shall mark the exact date and hour of
filing on the original and a duplicate copy of the vacancy
application and shall return a marked copy to the person filing the
application. The original shall be recorded in the official public
records of the county [a book kept for that purpose separate from
the deed or real property records]. The failure to record a vacancy
application as provided by this subsection does not affect the
validity of the application filing.
SECTION 4. Section 12.0011, Property Code, is amended by
adding Subsection (e) to read as follows:
(e) This section does not apply to a notice of sale under
Section 51.065, Natural Resources Code, or a land award under
Section 51.066, Natural Resources Code.
SECTION 5. Sections 51.065 and 51.066, Natural Resources
Code, as amended by this Act, apply only to a sale of property that
occurs on or after the effective date of this Act. For the purposes
of this section, a sale of property occurs before the effective date
of this Act if the contract binding the purchaser to purchase the
property is entered into before that date. A sale of property that
occurs before the effective date of this Act is governed by the law
in effect immediately before that date, and that law is continued in
effect for that purpose.
SECTION 6. This Act takes effect September 1, 2017.
* * * * *