4 | 10 | | AN ACT |
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5 | 11 | | relating to the recording by a county clerk of certain documents |
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6 | 12 | | relating to the sale or lease of public school land. |
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7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 14 | | SECTION 1. Section 51.065, Natural Resources Code, is |
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9 | 15 | | amended to read as follows: |
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10 | 16 | | Sec. 51.065. NOTICE AND RECORD OF SALE. (a) The |
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11 | 17 | | commissioner shall send a written notice of the sale of a tract of |
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12 | 18 | | public school land to [notify] the county clerk of the proper county |
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13 | 19 | | that includes [of the sale of each tract of land,] the name and |
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14 | 20 | | address of the purchaser[,] and the price of the land. |
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15 | 21 | | (b) After receiving a notice of the [being informed of any] |
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16 | 22 | | sale of public school land, the county clerk shall record the notice |
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17 | 23 | | at no charge in the official public records of the county [enter in |
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18 | 24 | | his books opposite the description of the land sold, the name of the |
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19 | 25 | | purchaser and the date of the sale]. |
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20 | 26 | | (c) The notice of sale is a [and the book containing the |
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21 | 27 | | entry are] public record [records]. |
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22 | 28 | | SECTION 2. Section 51.066(c), Natural Resources Code, is |
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23 | 29 | | amended to read as follows: |
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24 | 30 | | (c) One copy of the land award shall be retained in the land |
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25 | 31 | | office, one [and the other] copy shall be sent to the purchaser, and |
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26 | 32 | | one copy shall be sent to the county clerk of the proper county to be |
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27 | 33 | | recorded at no charge in the official public records of the county. |
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28 | 34 | | SECTION 3. Section 51.176(c), Natural Resources Code, is |
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29 | 35 | | amended to read as follows: |
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30 | 36 | | (c) The county clerk shall mark the exact date and hour of |
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31 | 37 | | filing on the original and a duplicate copy of the vacancy |
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32 | 38 | | application and shall return a marked copy to the person filing the |
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33 | 39 | | application. The original shall be recorded in the official public |
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34 | 40 | | records of the county [a book kept for that purpose separate from |
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35 | 41 | | the deed or real property records]. The failure to record a vacancy |
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36 | 42 | | application as provided by this subsection does not affect the |
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37 | 43 | | validity of the application filing. |
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38 | 44 | | SECTION 4. Section 12.0011, Property Code, is amended by |
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39 | 45 | | adding Subsection (e) to read as follows: |
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40 | 46 | | (e) This section does not apply to a notice of sale under |
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41 | 47 | | Section 51.065, Natural Resources Code, or a land award under |
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42 | 48 | | Section 51.066, Natural Resources Code. |
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43 | 49 | | SECTION 5. Sections 51.065 and 51.066, Natural Resources |
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44 | 50 | | Code, as amended by this Act, apply only to a sale of property that |
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45 | 51 | | occurs on or after the effective date of this Act. For the purposes |
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46 | 52 | | of this section, a sale of property occurs before the effective date |
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47 | 53 | | of this Act if the contract binding the purchaser to purchase the |
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48 | 54 | | property is entered into before that date. A sale of property that |
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49 | 55 | | occurs before the effective date of this Act is governed by the law |
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50 | 56 | | in effect immediately before that date, and that law is continued in |
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51 | 57 | | effect for that purpose. |
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52 | 58 | | SECTION 6. This Act takes effect September 1, 2017. |
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53 | | - | ______________________________ ______________________________ |
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54 | | - | President of the Senate Speaker of the House |
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55 | | - | I certify that H.B. No. 3423 was passed by the House on May 4, |
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56 | | - | 2017, by the following vote: Yeas 143, Nays 0, 2 present, not |
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57 | | - | voting. |
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58 | | - | ______________________________ |
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59 | | - | Chief Clerk of the House |
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60 | | - | I certify that H.B. No. 3423 was passed by the Senate on May |
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61 | | - | 22, 2017, by the following vote: Yeas 31, Nays 0. |
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62 | | - | ______________________________ |
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63 | | - | Secretary of the Senate |
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64 | | - | APPROVED: _____________________ |
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65 | | - | Date |
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66 | | - | _____________________ |
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67 | | - | Governor |
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| 59 | + | * * * * * |
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