By: Wray H.B. No. 4086
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of a notice of lis pendens.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.0071, Property Code, is amended by
amending Subsection (f) and adding Subsection (h) to read as
follows:
(f) After a certified copy of an order expunging a notice of
lis pendens has been recorded, the notice of lis pendens and any
information derived or that could be derived from the notice:
(1) does not:
(A) constitute constructive or actual notice of
any matter contained in the notice or of any matter relating to the
action in connection with which the notice was filed [proceeding];
(B) create any duty of inquiry in a person with
respect to the property described in the notice; or
(C) affect the validity of a conveyance to a
purchaser for value or of a mortgage to a lender for value; and
(2) is not enforceable against a purchaser or lender
described by Subdivision (1)(C), regardless of whether the
purchaser or lender knew of the lis pendens action.
(h) When a notice of lis pendens is expunged in accordance
with this section, the notice of lis pendens or the action in
connection with which the notice was filed does not encumber any
transfer of the real property.
SECTION 2. 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, 2017.