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