By: Hughes S.B. No. 885
(In the Senate - Filed March 1, 2021; March 11, 2021, read
first time and referred to Committee on State Affairs;
April 14, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 14, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 885 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to quitclaim deeds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.025(b), Civil Practice and Remedies
Code, is amended to read as follows:
(b) This section does not apply to a claim based on a
quitclaim deed, a forged deed, or a deed executed under a forged
power of attorney.
SECTION 2. Chapter 13, Property Code, is amended by adding
Section 13.006 to read as follows:
Sec. 13.006. EFFECT OF RECORDING QUITCLAIM DEED. After the
fourth anniversary of the date a quitclaim deed for real property is
recorded in the deed records of the county in which the real
property is located, the quitclaim deed:
(1) does not affect the question of the good faith of a
subsequent purchaser or creditor; and
(2) is not notice to a subsequent purchaser or
creditor of any unrecorded conveyance of, transfer of, or
encumbrance on the real property.
SECTION 3. The change in law made by this Act applies only
to a quitclaim deed recorded on or after the effective date of this
Act. A quitclaim deed recorded before that date is governed by the
law in effect immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2021.
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