| |
| |
| |
|
|
AN ACT
|
|
|
relating to the recording by a county clerk of certain documents |
|
|
relating to the sale or lease of public school land. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 51.065, Natural Resources Code, is |
|
|
amended to read as follows: |
|
|
Sec. 51.065. NOTICE AND RECORD OF SALE. (a) The |
|
|
commissioner shall send a written notice of the sale of a tract of |
|
|
public school land to [notify] the county clerk of the proper county |
|
|
that includes [of the sale of each tract of land,] the name and |
|
|
address of the purchaser[,] and the price of the land. |
|
|
(b) After receiving a notice of the [being informed of any] |
|
|
sale of public school land, the county clerk shall record the notice |
|
|
at no charge in the official public records of the county [enter in
|
|
|
his books opposite the description of the land sold, the name of the
|
|
|
purchaser and the date of the sale]. |
|
|
(c) The notice of sale is a [and the book containing the
|
|
|
entry are] public record [records]. |
|
|
SECTION 2. Section 51.066(c), Natural Resources Code, is |
|
|
amended to read as follows: |
|
|
(c) One copy of the land award shall be retained in the land |
|
|
office, one [and the other] copy shall be sent to the purchaser, and |
|
|
one copy shall be sent to the county clerk of the proper county to be |
|
|
recorded at no charge in the official public records of the county. |
|
|
SECTION 3. Section 51.176(c), Natural Resources Code, is |
|
|
amended to read as follows: |
|
|
(c) The county clerk shall mark the exact date and hour of |
|
|
filing on the original and a duplicate copy of the vacancy |
|
|
application and shall return a marked copy to the person filing the |
|
|
application. The original shall be recorded in the official public |
|
|
records of the county [a book kept for that purpose separate from
|
|
|
the deed or real property records]. The failure to record a vacancy |
|
|
application as provided by this subsection does not affect the |
|
|
validity of the application filing. |
|
|
SECTION 4. Section 12.0011, Property Code, is amended by |
|
|
adding Subsection (e) to read as follows: |
|
|
(e) This section does not apply to a notice of sale under |
|
|
Section 51.065, Natural Resources Code, or a land award under |
|
|
Section 51.066, Natural Resources Code. |
|
|
SECTION 5. Sections 51.065 and 51.066, Natural Resources |
|
|
Code, as amended by this Act, apply only to a sale of property that |
|
|
occurs on or after the effective date of this Act. For the purposes |
|
|
of this section, a sale of property occurs before the effective date |
|
|
of this Act if the contract binding the purchaser to purchase the |
|
|
property is entered into before that date. A sale of property that |
|
|
occurs before the effective date of this Act is governed by the law |
|
|
in effect immediately before that date, and that law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 6. This Act takes effect September 1, 2017. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 3423 was passed by the House on May 4, |
|
|
2017, by the following vote: Yeas 143, Nays 0, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 3423 was passed by the Senate on May |
|
|
22, 2017, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |