Bill Summary – FastDemocracy

   
      87(R) SB 885 - Enrolled version - Bill Text
      
            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
         
Statutes affected: 
Senate Committee Report: 16.025 Civil Practice and Remedies - Code
Engrossed: 16.025 Civil Practice and Remedies Code
House Committee Report: 16.025 Civil Practice and Remedies Code
Enrolled: 16.025 Civil Practice and Remedies Code




	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