| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to quitclaim deeds. |
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| 6 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 7 | 9 | | SECTION 1. Section 16.025(b), Civil Practice and Remedies |
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| 8 | 10 | | Code, is amended to read as follows: |
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| 9 | 11 | | (b) This section does not apply to a claim based on a |
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| 10 | 12 | | quitclaim deed, a forged deed, or a deed executed under a forged |
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| 11 | 13 | | power of attorney. |
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| 12 | 14 | | SECTION 2. Chapter 13, Property Code, is amended by adding |
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| 13 | 15 | | Section 13.006 to read as follows: |
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| 14 | 16 | | Sec. 13.006. EFFECT OF RECORDING QUITCLAIM DEED. After the |
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| 15 | 17 | | fourth anniversary of the date a quitclaim deed for real property is |
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| 16 | 18 | | recorded in the deed records of the county in which the real |
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| 17 | 19 | | property is located, the quitclaim deed: |
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| 18 | 20 | | (1) does not affect the question of the good faith of a |
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| 19 | 21 | | subsequent purchaser or creditor; and |
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| 20 | 22 | | (2) is not notice to a subsequent purchaser or |
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| 21 | 23 | | creditor of any unrecorded conveyance of, transfer of, or |
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| 22 | 24 | | encumbrance on the real property. |
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| 23 | 25 | | SECTION 3. The change in law made by this Act applies only |
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| 24 | 26 | | to a quitclaim deed recorded on or after the effective date of this |
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| 25 | 27 | | Act. A quitclaim deed recorded before that date is governed by the |
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| 26 | 28 | | law in effect immediately before the effective date of this Act, and |
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| 27 | 29 | | that law is continued in effect for that purpose. |
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| 28 | 30 | | SECTION 4. This Act takes effect September 1, 2021. |
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| 29 | | - | ______________________________ ______________________________ |
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| 30 | | - | President of the Senate Speaker of the House |
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| 31 | | - | I hereby certify that S.B. No. 885 passed the Senate on |
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| 32 | | - | April 21, 2021, by the following vote: Yeas 31, Nays 0. |
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| 33 | | - | ______________________________ |
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| 34 | | - | Secretary of the Senate |
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| 35 | | - | I hereby certify that S.B. No. 885 passed the House on |
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| 36 | | - | May 8, 2021, by the following vote: Yeas 134, Nays 5, two present |
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| 37 | | - | not voting. |
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| 38 | | - | ______________________________ |
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| 39 | | - | Chief Clerk of the House |
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| 40 | | - | Approved: |
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| 41 | | - | ______________________________ |
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| 42 | | - | Date |
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| 43 | | - | ______________________________ |
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| 44 | | - | Governor |
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