TITLE: Relating to certain correction instruments in the conveyance of real property.

SUMMARY: Relating to certain correction instruments in the conveyance of real property.

FULL TEXT:
AN ACT relating to certain correction instruments in the conveyance of real property. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 5.028, Property Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows: (a) A person who has personal knowledge of facts relevant to the correction of a recorded original instrument of conveyance may prepare or execute a correction instrument to make a nonmaterial change that results from a clerical error, including: (1) a correction of an inaccurate or incorrect element in a legal description, such as a distance, angle, direction, bearing or chord, a reference to a plat or other plat information, a lot or [] block number,a unit, building designation,or section number, an appurtenant easement, a township name or number, a municipality, county, or state name, a range number or meridian, a certified survey map number, or a subdivision or condominium name; or (2) an addition, correction, or clarification of: (A) a party's name, including the spelling of a name, a first or middle name or initial, a suffix, an alternate name by which a party is known, or a description of an entity as a corporation, company, or other type of organization; (B) a party's marital status; (C) the date on which the conveyance was executed; (D) the recording data for an instrument referenced in the correction instrument; or (E) a fact relating to the acknowledgment or authentication. (a-1) A person who has personal knowledge of facts relevant to the correction of a recorded original instrument of conveyance may prepare or execute a correction instrument to make a nonmaterial change that results from an inadvertent error, including the addition, correction, or clarification of: (1) a legal description prepared in connection with the preparation of the original instrument but inadvertently omitted from the original instrument; or (2) an omitted call in a metes-and-bounds legal description in the original instrument that completes the description of the property. SECTION 2. Section 5.030, Property Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows: (b) A correction instrument replaces and is a substitute for the original instrument. Except as provided by Subsection (c), a bona fide purchaser of property that is subject to a correction instrument may rely on the instrument against any person making an adverse or inconsistent claim. (c) A correction instrument is subject to the property interest of a creditor or a subsequent purchaser for valuable consideration without notice acquired on or after the date the original instrument was acknowledged, sworn to, or proved and filed for record as required by law and before the correction instrument has been acknowledged, sworn to, or proved and filed for record as required by law. SECTION 3. This Act takes effect September 1, 2013.