Texas 2021 - 87th Regular

Texas Senate Bill SB885 Latest Draft

Bill / Enrolled Version Filed 05/11/2021

                            S.B. No. 885


 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.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I hereby certify that S.B. No. 885 passed the Senate on
 April 21, 2021, by the following vote:  Yeas 31, Nays 0.
 ______________________________
 Secretary of the Senate
 I hereby certify that S.B. No. 885 passed the House on
 May 8, 2021, by the following vote:  Yeas 134, Nays 5, two present
 not voting.
 ______________________________
 Chief Clerk of the House
 Approved:
 ______________________________
 Date
 ______________________________
 Governor