H.B. No. 2063
 
 
 
 
AN ACT
  relating to the recording and effective date of certain documents
  relating to nonjudicial foreclosure sales.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 12, Property Code, is amended by adding
  Section 12.0012 to read as follows:
         Sec. 12.0012.  INSTRUMENTS CONCERNING REAL PROPERTY SUBJECT
  TO A FORECLOSURE SALE. (a)  Notwithstanding Section 12.0011(b),
  the following documents received by the county clerk in the manner
  provided by Subsection (b) shall be recorded by the clerk and serve
  as notice of the matter document:
               (1)  an instrument appointing or authorizing a trustee
  or substitute trustee to exercise the power of sale in a security
  instrument;
               (2)  a notice of sale pursuant to which the sale under a
  power of sale occurred;
               (3)  a notice of default on which the sale evidenced by
  a deed conveying title from a trustee or substitute trustee to a
  purchaser occurred;
               (4)  documentation from the United States Department of
  Defense indicating that a debtor was not on active duty military
  service on the date of a foreclosure sale;
               (5)  a statement of facts regarding a foreclosure sale
  prepared by an attorney representing the trustee, substitute
  trustee, or mortgage servicer; or
               (6)  proof of service of the mailing of any notice
  related to a foreclosure sale.
         (b)  A document described by Subsection (a) shall be accepted
  for recording pursuant to Subsection (a) if it is attached as an
  exhibit to:
               (1)  a deed that conveys title from a trustee or
  substitute trustee to a purchaser at a foreclosure sale and that
  meets the requirements for recording under Section 12.0011(b); or
               (2)  an affidavit of a trustee or substitute trustee
  that meets the requirements for recording under Section 12.0011(b)
  and relates to a foreclosure sale.
         (c)  This section does not prevent the recording of documents
  in any other manner allowed by law.
         SECTION 2.  Chapter 51, Property Code, is amended by adding
  Section 51.0076 to read as follows:
         Sec. 51.0076.  EFFECTIVE DATE OF APPOINTMENT. The
  appointment or authorization of a trustee or substitute trustee
  made in a notice of sale is effective as of the date of the notice if
  the notice:
               (1)  complies with Sections 51.002 and 51.0075(e);
               (2)  is signed by an attorney or agent of the mortgagee
  or mortgage servicer; and
               (3)  contains a statement in all capital letters,
  boldface type, to read as follows:
         THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S)
  IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY
  INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE THE PERSON
  SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT
  OF THE MORTGAGEE OR MORTGAGE SERVICER.
         SECTION 3.  The changes to law made by this Act apply only to
  a sale for which a notice is required under Section 51.002, Property
  Code, on or after the effective date of this Act. A sale for which a
  notice is required under Section 51.002, Property Code, before the
  effective date of this Act is governed by the law as it existed
  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, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2063 was passed by the House on May 5,
  2015, by the following vote:  Yeas 145, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2063 was passed by the Senate on May
  26, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor