Bill Text: TX HB964 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the effect of indexing notices of lis pendens.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-21 - Considered in Calendars [HB964 Detail]
Download: Texas-2011-HB964-Comm_Sub.html
| 82R4112 PMO-F | ||
| By: Hartnett | H.B. No. 964 | |
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| relating to the effect of indexing notices of lis pendens. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 13.004, Property Code, is amended to | ||
| read as follows: | ||
| Sec. 13.004. EFFECT OF RECORDING LIS PENDENS. (a) A | ||
| recorded lis pendens is notice to the world of its contents. The | ||
| notice is effective from the time it is filed for record and indexed | ||
| as provided by Section 12.007(c), regardless of whether service has | ||
| been made on the parties to the proceeding. | ||
| (b) A transfer or encumbrance of real property involved in a | ||
| proceeding by a party to the proceeding to a third party who has | ||
| paid a valuable consideration and who does not have actual or | ||
| constructive notice of the proceeding is effective, even though the | ||
| judgment is against the party transferring or encumbering the | ||
| property, unless a notice of the pendency of the proceeding has been | ||
| recorded and indexed under that party's name as provided by Section | ||
| 12.007(c) in each county in which the property is located. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a notice of lis pendens filed for record on or after the | ||
| effective date of this Act. A notice filed for record before the | ||
| effective date of this Act is covered by the law in effect when the | ||
| notice was filed, and the former law is continued in effect for that | ||
| purpose. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
