reglab/statecodes huggingface dataset:
2023 Texas Statutes › Penal Code › Title 11 - Organized Crime › Chapter 72 - Racketeering and Unlawful Debt Collection › Section 72.05. Alternative Fine

Sec. 72.05.  ALTERNATIVE FINE.  Notwithstanding any other law, a court, after a hearing, may impose a fine, instead of an otherwise applicable fine, on a person convicted of an offense under Section 72.02, 72.03, or 72.04, through which the person derived pecuniary value or by which the person caused personal injury, property damage, or other loss, that does not exceed:
(1)  the greater of:
(A)  three times the gross value gained as a result of the offense; or
(B)  three times the gross loss caused as a result of the offense; and
(2)  the amount of the court costs and the reasonably incurred costs of investigation and prosecution.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 12 - Terrorism › Chapter 76 - Terroristic Offenses › Section 76.01. Definitions

Sec. 76.01.  DEFINITIONS.  In this chapter:
(1)  "Material support or resources" means:
(A)  currency or other financial securities;
(B)  financial services;
(C)  instruments of value;
(D)  lodging;
(E)  training;
(F)  safehouses;
(G)  false documentation or identification;
(H)  communications equipment;
(I)  computer equipment;
(J)  software;
(K)  facilities;
(L)  a deadly weapon;
(M)  lethal substances;
(N)  an explosive weapon or components of an explosive weapon, a chemical dispensing device, or a hoax bomb, as those terms are defined by Section 46.01;
(O)  personnel;
(P)  transportation; and
(Q)  other tangible assets, other than medical care provided by a licensed health care provider or religious materials.
(2)  "Training" means teaching or demonstrating directly to another person, either in person or through a writing or by use of a computer or computer network, the use, application, or making of:
(A)  a weapon prohibited by Section 46.05;
(B)  a deadly weapon;
(C)  a component of an explosive weapon, as defined by Section 46.01; or
(D)  an incendiary device capable of causing injury or death to persons.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 12 - Terrorism › Chapter 76 - Terroristic Offenses › Section 76.02. Terrorism

Sec. 76.02.  TERRORISM.  (a)  A person commits an offense if the person:
(1)  commits or conspires to commit an offense under:
(A)  Chapter 19;
(B)  Section 20.02;
(C)  Section 20.03;
(D)  Section 20A.02;
(E)  Section 22.02;
(F)  Section 22.021;
(G)  Section 22.05, if punishable as a felony;
(H)  Section 22.07, if punishable as a felony;
(I)  Section 22.09;
(J)  Section 28.02;
(K)  Section 28.07, if punishable as a felony;
(L)  Section 29.03;
(M)  Section 38.152, if punishable as a felony; or
(N)  Section 46.08; and
(2)  commits or conspires to commit that offense with the intent to:
(A)  intimidate or coerce the public or a substantial group of the public; or
(B)  influence, by intimidation or coercion, the policy, conduct, or activities of this state, a political subdivision of this state, or the United States.
(b)  An offense under this section is one category higher than the most serious offense listed in Subsection (a) that was committed or conspired to be committed, except that:
(1)  if the most serious offense is a Class A misdemeanor, the offense under this section is a Class A misdemeanor with a minimum term of confinement of 180 days; and
(2)  if the most serious offense is a felony of the first degree, the offense under this section is a felony of the first degree with a minimum term of confinement of 15 years.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 12 - Terrorism › Chapter 76 - Terroristic Offenses › Section 76.03. Aiding in Commission of Terrorism

Sec. 76.03.  AIDING IN COMMISSION OF TERRORISM.  (a)  A person commits an offense if the person intentionally raises, solicits, collects, or provides material support or resources with intent or knowledge that the material support or resources will be used, wholly or partly, to solicit, direct, supervise, plan, prepare, promote, carry out, assist, or aid in committing an offense under Section 76.02.
(b)  An offense under this section is of the same degree as the offense under Section 76.02 that the person aided.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 12 - Terrorism › Chapter 76 - Terroristic Offenses › Section 76.04. Hindering Prosecution of Terrorism

Sec. 76.04.  HINDERING PROSECUTION OF TERRORISM.  (a)  A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense under Section 76.02 or 76.03, the person:
(1)  harbors or conceals the other;
(2)  provides or aids in providing the other with any means of avoiding arrest or effecting escape;
(3)  warns the other of impending discovery or apprehension; or
(4)  tampers with any physical evidence that might aid in the discovery or apprehension of the other.
(b)  An offense under this section is of the same degree as the offense under Section 76.02 or 76.03 for which the person committed the act described by Subsection (a).
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 12 - Terrorism › Chapter 76 - Terroristic Offenses › Section 76.05. Assistance by Attorney General

Sec. 76.05.  ASSISTANCE BY ATTORNEY GENERAL.  (a)  The attorney general, if requested to do so by the attorney representing the state, may assist the attorney representing the state in the investigation or prosecution of an offense under this chapter.
(b)  The attorney general shall designate one individual in the division of the attorney general's office that assists in the prosecution of criminal cases to coordinate responses to requests to assist in prosecution made under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.001. Purpose of Code

Sec. 1.001.  PURPOSE OF CODE.  (a)  This code is enacted as a part of the state's continuing statutory revision program begun by the Texas Legislative Council in 1963 as directed by the legislature in Chapter 448, Acts of the 58th Legislature, Regular Session, 1963 (Article 5429b-1, Vernon's Texas Civil Statutes).  The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.
(b)  Consistent with the objectives of the statutory revision program, the purpose of this code is to make the law encompassed by this code more accessible and understandable by:
(1)  rearranging the statutes into a more logical order;
(2)  employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;
(3)  eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions;  and
(4)  restating the law in modern American English to the greatest extent possible.
Acts 1983, 68th Leg., p. 3478, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.002. Construction of Code

Sec. 1.002.  CONSTRUCTION OF CODE.  The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this code.
Acts 1983, 68th Leg., p. 3478, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 479, Sec. 70, eff. Sept. 1, 1985.
2023 Texas Statutes › Property Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.003. Internal References

Sec. 1.003.  INTERNAL REFERENCES.  In this code:
(1)  a reference to a title, chapter, or section without further identification is a reference to a title, chapter, or section of this code;  and
(2)  a reference to a subtitle, subchapter, subsection, subdivision, paragraph, or other numbered or lettered unit without further identification is a reference to a unit of the next larger unit of this code in which the reference appears.
Acts 1983, 68th Leg., p. 3479, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.004. Preemption

Sec. 1.004.  PREEMPTION.  (a)  Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code.  An ordinance, order, or rule that violates this section is void, unenforceable, and inconsistent with this code.
(b)  For purposes of Subsection (a), a field occupied by a provision of this code includes an ordinance, order, or rule regulating evictions or otherwise prohibiting, restricting, or delaying delivery of a notice to vacate or filing a suit to recover possession of the premises under Chapter 24.
Added by Acts 2023, 88th Leg., R.S., Ch. 899 (H.B. 2127), Sec. 15, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 1 - General Provisions › Chapter 2 - Nature of Property › Section 2.001. Manufactured Housing

Sec. 2.001.  MANUFACTURED HOUSING.  (a)  Except as provided by Subsection (b), a manufactured home is personal property.
(b)  A manufactured home is real property if:
(1)  the statement of ownership and location for the home issued under Section 1201.207, Occupations Code, reflects that the owner has elected to treat the home as real property;  and
(2)  a certified copy of the statement of ownership and location has been filed in the real property records in the county in which the home is located.
(c)  In this section, "consumer," "document of title," "first retail sale," "manufactured home," and "mobile home" have the meanings assigned by Chapter 1201, Occupations Code.
(d)  to (h) Repealed by Acts 2003, 78th Leg., ch. 338, Sec. 52(2).
(i)  This section does not require a retailer or retailer's agent to obtain a license under Chapter 1101, Occupations Code.
Added by Acts 1995, 74th Leg., ch. 978, Sec. 15, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 899, Sec. 5, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1055, Sec. 5, eff. Jan. 1, 2002;  Acts 2003, 78th Leg., ch. 338, Sec. 41 to 43, 52(2), eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.802, eff. Sept. 1, 2003.
2023 Texas Statutes › Property Code › Title 1 - General Provisions › Chapter 2 - Nature of Property › Section 2.002. Dry Fire Hydrants: Agreement Is Personal

Sec. 2.002.  DRY FIRE HYDRANTS:  AGREEMENT IS PERSONAL.  (a)  An agreement between an owner, lessee, or occupant of real property and a fire-fighting agency relating to the connection of a dry fire hydrant to a source of water on the property or the installation of a dry fire hydrant on the property may not bind a subsequent owner, lessee, or occupant of the real property.
(b)  In this section:
(1)  "Dry fire hydrant" means a fire hydrant that is connected to a stock tank, pond, or other similar source of water from which water is pumped in case of fire.
(2)  "Fire-fighting agency" means any entity that provides fire-fighting services, including:
(A)  a volunteer fire department;  and
(B)  a political subdivision of this state authorized to provide fire-fighting services.
Added by Acts 1997, 75th Leg., ch. 437, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter A. General Provisions › Section 5.001. Fee Simple

Sec. 5.001.  FEE SIMPLE.  (a)  An estate in land that is conveyed or devised is a fee simple unless the estate is limited by express words or unless a lesser estate is conveyed or devised by construction or operation of law.  Words previously necessary at common law to transfer a fee simple estate are not necessary.
(b)  This section applies only to a conveyance occurring on or after February 5, 1840.
Acts 1983, 68th Leg., p. 3480, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter A. General Provisions › Section 5.002. Failing as a Conveyance

Sec. 5.002.  FAILING AS A CONVEYANCE.  An instrument intended as a conveyance of real property or an interest in real property that, because of this chapter, fails as a conveyance in whole or in part is enforceable to the extent permitted by law as a contract to convey the property or interest.
Acts 1983, 68th Leg., p. 3480, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter A. General Provisions › Section 5.003. Partial Conveyance

Sec. 5.003.  PARTIAL CONVEYANCE.  (a)  An alienation of real property that purports to transfer a greater right or estate in the property than the person making the alienation may lawfully transfer alienates only the right or estate that the person may convey.
(b)  Neither the alienation by deed or will of an estate on which a remainder depends nor the union of the estate with an inheritance by purchase or descent affects the remainder.
Acts 1983, 68th Leg., p. 3480, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter A. General Provisions › Section 5.004. Conveyance by Authorized Officer

Sec. 5.004.  CONVEYANCE BY AUTHORIZED OFFICER.  (a)  A conveyance of real property by an officer legally authorized to sell the property under a judgment of a court within the state passes absolute title to the property to the purchaser.
(b)  This section does not affect the rights of a person who is not or who does not claim under a party to the conveyance or judgment.
Acts 1983, 68th Leg., p. 3480, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter A. General Provisions › Section 5.005. Aliens

Sec. 5.005.  ALIENS.  An alien has the same real and personal property rights as a United States citizen.
Acts 1983, 68th Leg., p. 3481, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter A. General Provisions › Section 5.006. Attorney's Fees in Breach of Restrictive Covenant Action

Sec. 5.006.  ATTORNEY'S FEES IN BREACH OF RESTRICTIVE COVENANT ACTION.  (a)  In an action based on breach of a restrictive covenant pertaining to real property, the court shall allow to a prevailing party who asserted the action reasonable attorney's fees in addition to the party's costs and claim.
(b)  To determine reasonable attorney's fees, the court shall consider:
(1)  the time and labor required;
(2)  the novelty and difficulty of the questions;
(3)  the expertise, reputation, and ability of the attorney;  and
(4)  any other factor.
Acts 1983, 68th Leg., p. 3481, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter A. General Provisions › Section 5.007. Vendor and Purchaser Risk Act

Sec. 5.007.  VENDOR AND PURCHASER RISK ACT.  (a)  Any contract made in this state for the purchase and sale of real property shall be interpreted as including an agreement that the parties have the rights and duties prescribed by this section, unless the contract expressly provides otherwise.
(b)  If, when neither the legal title nor the possession of the subject matter of the contract has been transferred, all or a material part of the property is destroyed without fault of the purchaser or is taken by eminent domain, the vendor may not enforce the contract, and the purchaser is entitled to recover any portion of the contract price paid.
(c)  If, when either the legal title or the possession of the subject matter of the contract has been transferred, all or any part of the property is destroyed without fault of the vendor or is taken by eminent domain, the purchaser is not relieved from the duty to pay the contract price, nor is the purchaser entitled to recover any portion of the price already paid.
(d)  This section shall be interpreted and construed to accomplish its general purpose to make uniform the law of those states that enact the Uniform Vendor and Purchaser Risk Act.
(e)  This section may be cited as the Uniform Vendor and Purchaser Risk Act.
Added by Acts 1989, 71st Leg., ch. 1002, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter A. General Provisions › Section 5.009. Duties of Life Tenant

Sec. 5.009.  DUTIES OF LIFE TENANT.  (a)  Subject to Subsection (b), if the life tenant of a legal life estate is given the power to sell and reinvest any life tenancy property, the life tenant is subject, with respect to the sale and investment of the property, to all of the fiduciary duties of a trustee imposed by the Texas Trust Code (Subtitle B, Title 9, Property Code)  or the common law of this state.
(b)  A life tenant may retain, as life tenancy property, any real property originally conveyed to the life tenant without being subject to the fiduciary duties of a trustee;  however, the life tenant is subject to the common law duties of a life tenant.
Acts 1993, 73rd Leg., ch. 846, Sec. 34, eff. Sept. 1, 1993.  Renumbered from Property Code Sec. 5.008 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(42), eff. Sept. 1, 1995.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter A. General Provisions › Section 5.011. Seller's Disclosure Regarding Potential Annexation

Sec. 5.011.  SELLER'S DISCLOSURE REGARDING POTENTIAL ANNEXATION.  (a)  A person who sells an interest in real property in this state shall give to the purchaser of the property a written notice that reads substantially similar to the following:
NOTICE REGARDING POSSIBLE ANNEXATION
If the property that is the subject of this contract is located outside the limits of a municipality, the property may now or later be included in the extraterritorial jurisdiction of a municipality and may now or later be subject to annexation by the municipality.  Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction.  To determine if the property is located within a municipality's extraterritorial jurisdiction or is likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the property for further information.
(b)  The seller shall deliver the notice to the purchaser before the date the executory contract binds the purchaser to purchase the property.  The notice may be given separately, as part of the contract during negotiations, or as part of any other notice the seller delivers to the purchaser.
(c)  This section does not apply to a transfer:
(1)  under a court order or foreclosure sale;
(2)  by a trustee in bankruptcy;
(3)  to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest;
(4)  by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure;
(5)  by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;
(6)  from one co-owner to another co-owner of an undivided interest in the real property;
(7)  to a spouse or a person in the lineal line of consanguinity of the seller;
(8)  to or from a governmental entity;
(9)  of only a mineral interest, leasehold interest, or security interest;  or
(10)  of real property that is located wholly within a municipality's corporate boundaries.
(d)  If the notice is delivered as provided by this section, the seller has no duty to provide additional information regarding the possible annexation of the property by a municipality.
(e)  If an executory contract is entered into without the seller providing the notice required by this section, the purchaser may terminate the contract for any reason within the earlier of:
(1)  seven days after the date the purchaser receives the notice;  or
(2)  the date the transfer occurs.
Added by Acts 1999, 76th Leg., ch. 529, Sec. 1, eff. Jan. 1, 2000.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter A. General Provisions › Section 5.013. Seller's Disclosure of Location of Conditions Under Surface of Unimproved Real Property

Sec. 5.013.  SELLER'S DISCLOSURE OF LOCATION OF CONDITIONS UNDER SURFACE OF UNIMPROVED REAL PROPERTY.  (a)  A seller of unimproved real property to be used for residential purposes shall provide to the purchaser of the property a written notice disclosing the location of a transportation pipeline, including a pipeline for the transportation of natural gas, natural gas liquids, synthetic gas, liquefied petroleum gas, petroleum or a petroleum product, or a hazardous substance.
(b)  The notice must state the information to the best of the seller's belief and knowledge as of the date the notice is completed and signed by the seller.  If the information required to be disclosed is not known to the seller, the seller shall indicate that fact in the notice.
(c)  The notice must be delivered by the seller on or before the effective date of an executory contract binding the purchaser to purchase the property.  If a contract is entered without the seller providing the notice as required by this section, the purchaser may terminate the contract for any reason not later than the seventh day after the effective date of the contract.
(d)  This section applies to any seller of unimproved real property, including a seller who is the developer of the property and who sells the property to others for resale.
(e)  In this section, "hazardous substance" and "hazardous waste" have the meanings assigned by Section 361.003, Health and Safety Code.
(f)  A seller is not required to give the notice if:
(1)  the seller is obligated under an earnest money contract to furnish a title insurance commitment to the buyer prior to closing;  and
(2)  the buyer is entitled to terminate the contract if the buyer's objections to title as permitted by the contract are not cured by the seller prior to closing.
Added by Acts 1997, 75th Leg., ch. 1239, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Property Code Sec. 5.010 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(95), eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter A. General Provisions › Section 5.0141. Notice Required Before Contract Execution

Sec. 5.0141.  NOTICE REQUIRED BEFORE CONTRACT EXECUTION.  (a)  The notice required by Section 5.014 shall be given to the prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract.
(b)  In the event a contract of purchase and sale is entered into without the seller providing the notice, the purchaser is entitled to terminate the contract.
(c)  If, however, the seller furnishes the notice at or before closing the purchase and sale contract and the purchaser elects to close even though the notice was not timely furnished before execution of the contract, it shall be conclusively presumed that the purchaser has waived all rights to terminate the contract under Subsection (b) or recover damages or other remedies or rights under Section 5.0145.
(d)  Notwithstanding any provision of this section, Section 5.014, 5.0142, 5.0143, 5.0144, or 5.0145, all sellers, title companies, real estate brokers, and examining attorneys, and any agent, representative, or person acting on their behalf, are not liable for damages under Section 5.0145, or for any other damages to any person, for:
(1)  failing to provide the notice to a purchaser before execution of a binding contract of purchase and sale or at or before the closing of the purchase and sale contract when the municipality or county has not filed the service plan as required by Section 372.013, Local Government Code; or
(2)  unintentionally providing a notice that is not the correct notice under the circumstances before execution of a binding contract of purchase and sale, or at or before the closing of the purchase and sale contract.
Added by Acts 2021, 87th Leg., R.S., Ch. 253 (H.B. 1543), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter A. General Provisions › Section 5.0142. Purchaser Signature Required

Sec. 5.0142.  PURCHASER SIGNATURE REQUIRED.  The purchaser shall sign the notice required by Section 5.014 or the purchase contract including the notice to evidence the receipt of notice.
Added by Acts 2021, 87th Leg., R.S., Ch. 253 (H.B. 1543), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter A. General Provisions › Section 5.0143. Recording of Notice at Closing

Sec. 5.0143.  RECORDING OF NOTICE AT CLOSING.  At the closing of purchase and sale, a separate copy of the notice required by Section 5.014 with current information shall be executed by the seller and purchaser, acknowledged, and recorded in the deed records of the county in which the property is located.
Added by Acts 2021, 87th Leg., R.S., Ch. 253 (H.B. 1543), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter A. General Provisions › Section 5.0144. Reliance on Filed Service Plan

Sec. 5.0144.  RELIANCE ON FILED SERVICE PLAN.  (a)  For the purposes of the notice required by Section 5.014, all sellers, title companies, real estate brokers, and examining attorneys, and any agent, representative, or person acting on their behalf, are entitled to rely on the accuracy of the service plan as last filed by each municipality or county under Section 372.013, Local Government Code, in completing the notice form to be executed by the seller and purchaser at the closing of purchase and sale.
(b)  Any information taken from the service plan as last filed by the municipality or county and the information contained in or shown on the notice form contained in the service plan under Section 372.013, Local Government Code, not including information provided as to the assessments or annual installment amounts as authorized by Section 5.014(b), shall be, for purposes of the notice required by Section 5.014, conclusively presumed as a matter of law to be correct.
(c)  All subsequent sellers, purchasers, title insurance companies, real estate brokers, examining attorneys, and lienholders are entitled to rely on the service plan filed by the municipality or county, including the notice form contained in the service plan, under Section 372.013, Local Government Code.
(d)  If the notice required by Section 5.014 is given at closing as provided by Section 5.0141(c), a purchaser, or the purchaser's heirs, successors, or assigns, are not entitled to maintain an action for damages against a seller, title insurance company, real estate broker, or lienholder, or any agent, representative, or person acting on their behalf, because the seller:
(1)  used the notice form included in the service plan filed by the municipality or county under Section 372.013, Local Government Code; or
(2)  relied on the filed legal description of the public improvement district in determining whether the property is located in the district.
(e)  No action may be maintained against any title company for failure to disclose the inclusion of the property in a public improvement district when the municipality or county has not filed the service plan under Section 372.013, Local Government Code, with the clerk of each county in which the district is located.
(f)  All sellers, title insurance companies, examining attorneys, vendors of property and tax information, real estate brokers, and lienholders, and any agent, representative, or person acting on their behalf, are entitled to rely on the accuracy of:
(1)  the service plan last filed by the municipality or county or the information in the notice form filed by the district under Section 372.013, Local Government Code; or
(2)  for the purposes of the notice required by Section 5.014, the information in the service plan filed by the municipality or county in effect as of January 1 of each year for the period January 1 through December 31 of such calendar year.
Added by Acts 2021, 87th Leg., R.S., Ch. 253 (H.B. 1543), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter A. General Provisions › Section 5.015. Prohibited Fees

Sec.  5.015.  PROHIBITED FEES.  A person who has a right of first refusal in real property that is a condominium subject to Chapter 81 or Chapter 82 may not charge a fee for declining to exercise that right, such as a fee for providing written evidence of the declination.
Added by Acts 2005, 79th Leg., Ch. 825 (S.B. 810), Sec. 14, eff. September 1, 2005.
Renumbered from Property Code, Section 5.014 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(63), eff. September 1, 2007.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter A. General Provisions › Section 5.019. Notice of Water Level Fluctuations

Sec. 5.019.  NOTICE OF WATER LEVEL FLUCTUATIONS.  (a)  This section applies only to the sale of residential or commercial real property adjoining an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level.
(b)  A seller of real property shall give to the purchaser of the property a written notice in substantially the following form:
NOTICE OF WATER LEVEL FLUCTUATIONS
The water level of the impoundment of water adjoining the property at ______________ (street address and city) or described as ______________ (legal description) fluctuates for various reasons, including as a result of:
(1)  an entity lawfully exercising its right to use the water stored in the impoundment; or
(2)  drought or flood conditions.
(c)  The notice described by Subsection (b) shall be delivered by the seller to the purchaser on or before the effective date of an executory contract binding the purchaser to purchase the property.
(d)  If a contract is entered into without the seller providing the notice within the period required by Subsection (c), the purchaser may terminate the contract for any reason within seven days after the date the purchaser receives:
(1)  the notice described by Subsection (b) from the seller; or
(2)  information described by the notice under Subsection (b) from any other person.
(e)  After the date of the conveyance, the purchaser may bring an action for misrepresentation against the seller if the seller:
(1)  failed to provide the notice before the date of the conveyance; and
(2)  had actual knowledge that the water level described by Subsection (b) fluctuates for various reasons, including the reasons stated in Subsection (b).
Added by Acts 2015, 84th Leg., R.S., Ch. 926 (H.B. 1665), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter A. General Provisions › Section 5.020. Easements Restricting Possession of Firearms or Alcoholic Beverages Prohibited

Sec. 5.020.  EASEMENTS RESTRICTING POSSESSION OF FIREARMS OR ALCOHOLIC BEVERAGES PROHIBITED.  (a)  In this section:
(1)  "Alcoholic beverage" has the meaning assigned by Section 1.04, Alcoholic Beverage Code.
(2)  "Firearm" has the meaning assigned by Section 46.01, Penal Code.  The term includes any firearm parts, firearm accessories, and firearm ammunition.
(b)  This section does not apply to a right-of-way easement for a pipeline, electric transmission line, or other utility.
(c)  An instrument granting an access easement may not restrict or prohibit an easement holder or an easement holder's guest from possessing, carrying, or transporting a firearm or an alcoholic beverage over the servient estate while using the easement for the easement's purpose.
(d)  The owner of a servient estate may not enforce a restrictive covenant in an instrument granting an access easement over the servient estate that restricts or prohibits the easement holder or the easement holder's guest from possessing, carrying, or transporting a firearm or an alcoholic beverage over the servient estate while using the easement for the easement's purpose.
Added by Acts 2021, 87th Leg., R.S., Ch. 907 (H.B. 4346), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter A. General Provisions › Section 5.0205. Equitable Interest Disclosure

Sec. 5.0205.  EQUITABLE INTEREST DISCLOSURE.  Before entering into a contract to sell an option or assign an interest in a contract to purchase real property, a person must disclose in writing to:
(1)  any potential buyer that the person is selling only an option or assigning an interest in a contract and that the person does not have legal title to the real property; and
(2)  the owner of the real property that the person intends to sell an option or assign an interest in a contract.
Added by Acts 2017, 85th Leg., R.S., Ch. 974 (S.B. 2212), Sec. 4, eff. September 1, 2017.
Transferred, redesignated and amended from Property Code, Section 5.086 by Acts 2023, 88th Leg., R.S., Ch. 94 (S.B. 1577), Sec. 27, eff. January 1, 2024.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter B. Form and Construction of Instruments › Section 5.021. Instrument of Conveyance

Sec. 5.021.  INSTRUMENT OF CONVEYANCE.  A conveyance of an estate of inheritance, a freehold, or an estate for more than one year, in land and tenements, must be in writing and must be subscribed and delivered by the conveyor or by the conveyor's agent authorized in writing.
Acts 1983, 68th Leg., p. 3481, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter B. Form and Construction of Instruments › Section 5.022. Form

Sec. 5.022.  FORM.  (a)  The following form or a form that is the same in substance conveys a fee simple estate in real property with a covenant of general warranty:
"The State of Texas,
"County of ____________________.
"Know all men by these presents, That I, __________________, of the __________________ (give name of city, town, or county), in the state aforesaid, for and in consideration of __________________ dollars, to me in hand paid by __________________, have granted, sold, and conveyed, and by these presents do grant, sell, and convey unto the said __________________, of the __________________ (give name of city, town, or county), in the state of __________________, all that certain __________________ (describe the premises).  To have and to hold the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging, unto the said __________________, his heirs or assigns forever.  And I do hereby bind myself, my heirs, executors, and administrators to warrant and forever defend all and singular the said premises unto the said __________________, his heirs, and assigns, against every person whomsoever, lawfully claiming or to claim the same, or any part thereof.
"Witness my hand, this __________________ day of __________________, A.D. 19___.
"Signed and delivered in the presence of ____________________"
(b)  A covenant of warranty is not required in a conveyance.
(c)  The parties to a conveyance may insert any clause or use any form not in contravention of law.
Acts 1983, 68th Leg., p. 3481, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter B. Form and Construction of Instruments › Section 5.023. Implied Covenants

Sec. 5.023.  IMPLIED COVENANTS.  (a)  Unless the conveyance expressly provides otherwise, the use of "grant" or "convey" in a conveyance of an estate of inheritance or fee simple implies only that the grantor and the grantor's heirs covenant to the grantee and the grantee's heirs or assigns:
(1)  that prior to the execution of the conveyance the grantor has not conveyed the estate or any interest in the estate to a person other than the grantee;  and
(2)  that at the time of the execution of the conveyance the estate is free from encumbrances.
(b)  An implied covenant under this section may be the basis for a lawsuit as if it had been expressed in the conveyance.
Acts 1983, 68th Leg., p. 3482, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter B. Form and Construction of Instruments › Section 5.024. Encumbrances

Sec. 5.024.  ENCUMBRANCES.  "Encumbrance" includes a tax, an assessment, and a lien on real property.
Acts 1983, 68th Leg., p. 3482, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter B. Form and Construction of Instruments › Section 5.025. Wood Shingle Roof

Sec. 5.025.  WOOD SHINGLE ROOF.  To the extent that a deed restriction applicable to a structure on residential property requires the use of a wood shingle roof, the restriction is void.
Acts 1983, 68th Leg., p. 3482, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter B. Form and Construction of Instruments › Section 5.026. Discriminatory Provisions

Sec. 5.026.  DISCRIMINATORY PROVISIONS.  (a)  If a restriction that affects real property, or a provision in a deed that conveys real property or an interest in real property, whether express or incorporated by reference, prohibits the use by or the sale, lease, or transfer to a person because of race, color, religion, or national origin, the provision or restriction is void.
(b)  A court shall dismiss a suit or part of a suit to enforce a provision that is void under this section.
Acts 1983, 68th Leg., p. 3483, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter B. Form and Construction of Instruments › Section 5.027. Correction Instruments: Generally

Sec. 5.027.  CORRECTION INSTRUMENTS:  GENERALLY.  (a)  A correction instrument that complies with Section 5.028 or 5.029 may correct an ambiguity or error in a recorded original instrument of conveyance to transfer real property or an interest in real property, including an ambiguity or error that relates to the description of or extent of the interest conveyed.
(b)  A correction instrument may not correct an ambiguity or error in a recorded original instrument of conveyance to transfer real property or an interest in real property not originally conveyed in the instrument of conveyance for purposes of a sale of real property under a power of sale under Chapter 51 unless the conveyance otherwise complies with all requirements of Chapter 51.
(c)  A correction instrument is subject to Section 13.001.
Added by Acts 2011, 82nd Leg., R.S., Ch. 194 (S.B. 1496), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter B. Form and Construction of Instruments › Section 5.029. Correction Instruments: Material Corrections

Sec. 5.029.  CORRECTION INSTRUMENTS:  MATERIAL CORRECTIONS.  (a)  In addition to nonmaterial corrections, including the corrections described by Section 5.028, the parties to the original transaction or the parties' heirs, successors, or assigns, as applicable may execute a correction instrument to make a material correction to the recorded original instrument of conveyance, including a correction to:
(1)  add:
(A)  a buyer's disclaimer of an interest in the real property that is the subject of the original instrument of conveyance;
(B)  a mortgagee's consent or subordination to a recorded document executed by the mortgagee or an heir, successor, or assign of the mortgagee; or
(C)  land to a conveyance that correctly conveys other land;
(2)  remove land from a conveyance that correctly conveys other land; or
(3)  accurately identify a lot or unit number or letter of property owned by the grantor that was inaccurately identified as another lot or unit number or letter of property owned by the grantor in the recorded original instrument of conveyance.
(b)  A correction instrument under this section must be:
(1)  executed by each party to the recorded original instrument of conveyance the correction instrument is executed to correct or, if applicable, a party's heirs, successors, or assigns; and
(2)  recorded in each county in which the original instrument of conveyance that is being corrected is recorded.
Added by Acts 2011, 82nd Leg., R.S., Ch. 194 (S.B. 1496), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter B. Form and Construction of Instruments › Section 5.030. Correction Instrument: Effect

Sec. 5.030.  CORRECTION INSTRUMENT:  EFFECT.  (a)  A correction instrument that complies with Section 5.028 or 5.029 is:
(1)  effective as of the effective date of the recorded original instrument of conveyance;
(2)  prima facie evidence of the facts stated in the correction instrument;
(3)  presumed to be true;
(4)  subject to rebuttal; and
(5)  notice to a subsequent buyer of the facts stated in the correction instrument.
(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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 194 (S.B. 1496), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 158 (S.B. 887), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter B. Form and Construction of Instruments › Section 5.031. Correction Instruments Recorded Before September 1, 2011

Sec. 5.031.  CORRECTION INSTRUMENTS RECORDED BEFORE SEPTEMBER 1, 2011.  A correction instrument recorded before September 1, 2011, that substantially complies with Section 5.028 or 5.029 and that purports to correct a recorded original instrument of conveyance is effective to the same extent as provided by Section 5.030 unless a court of competent jurisdiction renders a final judgment determining that the correction instrument does not substantially comply with Section 5.028 or 5.029.
Added by Acts 2011, 82nd Leg., R.S., Ch. 194 (S.B. 1496), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter C. Future Estates › Section 5.041. Future Estates

Sec. 5.041.  FUTURE ESTATES.  A person may make an inter vivos conveyance of an estate of freehold or inheritance that commences in the future, in the same manner as by a will.
Acts 1983, 68th Leg., p. 3483, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter C. Future Estates › Section 5.042. Abolition of Common-Law Rules

Sec. 5.042.  ABOLITION OF COMMON-LAW RULES.  (a)  The common-law rules known as the rule in Shelley's case, the rule forbidding a remainder to the grantor's heirs, the doctrine of worthier title, and the doctrine or rule prohibiting an existing lien upon part of a homestead from extending to another part of the homestead not charged with the debts secured by the existing lien upon part of the homestead do not apply in this state.
(b)  A deed, will, or other conveyance of property in this state that limits an interest in the property to a particular person or to a class such as the heirs, heirs of the body, issue, or next of kin of the conveyor or of a person to whom a particular interest in the same property is limited is effective according to the intent of the conveyor.
(c)  Status as an heir or next of kin of a conveyor or the failure of a conveyor to describe a person in a conveyance other than as a member of a class does not affect a person's right to take or share in an interest as a conveyee.
(d)  Subject to the intention of a conveyor, which controls unless limited by law, the membership of a class described in this section and the participation of a member in a property interest conveyed to the class are determined under this state's laws of descent and distribution.
(e)  This section does not apply to a conveyance taking effect before January 1, 1964.
Acts 1983, 68th Leg., p. 3483, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1999, 76th Leg., ch. 1510, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter C. Future Estates › Section 5.043. Reformation of Interests Violating Rule Against Perpetuities

Sec. 5.043.  REFORMATION OF INTERESTS VIOLATING RULE AGAINST PERPETUITIES.  (a)  Within the limits of the rule against perpetuities, a court shall reform or construe an interest in real or personal property that violates the rule to effect the ascertainable general intent of the creator of the interest.  A court shall liberally construe and apply this provision to validate an interest to the fullest extent consistent with the creator's intent.
(b)  The court may reform or construe an interest under Subsection (a) of this section according to the doctrine of cy pres by giving effect to the general intent and specific directives of the creator within the limits of the rule against perpetuities.
(c)  If an instrument that violates the rule against perpetuities may be reformed or construed under this section, a court shall enforce the provisions of the instrument that do not violate the rule and shall reform or construe under this section a provision that violates or might violate the rule.
(d)  This section applies to legal and equitable interests, including noncharitable gifts and trusts, conveyed by an inter vivos instrument or a will that takes effect on or after September 1, 1969, and this section applies to an appointment made on or after that date regardless of when the power was created.
Acts 1983, 68th Leg., p. 3484, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1991, 72nd Leg., ch. 895, Sec. 16, eff. Sept. 1, 1991.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter D. Executory Contract for Conveyance › Section 5.061. Definition

Sec. 5.061.  DEFINITION.  In this subchapter, "default" means the failure to:
(1)  make a timely payment;  or
(2)  comply with a term of an executory contract.
Added by Acts 1995, 74th Leg., ch. 994, Sec. 2, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 5.065 and amended by Act 2001, 77th Leg., ch. 693, Sec. 1, Sept. 1, 2001.