S.B. No. 1955
AN ACT
relating to expunction of a notice of lis pendens.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.0071(f), Property Code, is amended to
read as follows:
(f) After a certified copy of an order expunging a notice of
lis pendens has been recorded:
(1) [,] the notice of lis pendens and any information
derived or that could be derived from the notice:
(A) [(1)] does not:
(i) [(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];
(ii) [(B)] create any duty of inquiry in a
person with respect to the property described in the notice; or
(iii) [(C)] affect the validity of a
conveyance to a purchaser for value or of a mortgage to a lender for
value; and
(B) [(2)] is not enforceable against a purchaser
or lender described by Paragraph (A)(iii) [Subdivision (1)(C)],
regardless of whether the purchaser or lender knew of the lis
pendens action; and
(2) an interest in the real property may be
transferred or encumbered free of all matters asserted or disclosed
in the notice and all claims or other matters asserted or disclosed
in the action in connection with which the notice was filed.
SECTION 2. The change in law made by this Act applies only
to a certified copy of an order expunging a notice of lis pendens
recorded on or after the effective date of this Act. A certified
copy of an order expunging a notice of lis pendens recorded before
the effective date of this Act is governed by the law in effect at
that time, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1955 passed the Senate on
April 26, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1955 passed the House on
May 6, 2017, by the following vote: Yeas 142, Nays 0, one present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor