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Texas Annotated Property Code

Publisher: LexisNexis

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2016 Edition
ISBN: 9781522125952
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Get a more efficient way of accessing the property statutes in Texas with the Texas Annotated Property Code. In a single, softbound volume, it contains relevant statutes that run the entire gamut of real estate law, including:

•  Full text of Texas Property Code

•  Extensive number of real estate-related provisions from other codes, including provisions concerning:

  °  Statute of frauds
  °  Fraud in real estate transactions
  °  Home Solicitations Transaction Act
  °  Adverse possession
  °  Lien foreclosure
  °  Nuisance
  °  Private Real Property Rights Preservation Act
  °  Restrictive covenants
  °  Real estate brokers and salespersons
  °  Real estate inspectors
  °  Real estate appraisers

•  Amendments current through the most recent Regular and Called Sessions of the Texas Legislature.

Table of Contents

PROPERTY CODE

Title 1. General Provisions

Chapter

1. General Provisions

2. Nature of Property

3 to 4. [Reserved for expansion] [Reserved.]



Title 2. Conveyances

5. Conveyances

6 to 10. [Reserved for expansion] [Reserved.]



Title 3. Public Records

11. Provisions Generally Applicable to Public Records

12. Recording of Instruments

13. Effects of Recording

14. Uniform Federal Lien Registration Act

15. Uniform Real Property Electronic Recording Act

16 to 20. [Reserved for expansion] [Reserved.]



Title 4. Actions and Remedies

21. Eminent Domain

22. Trespass to Try Title

23. Partition

24. Forcible Entry and Detainer
24A. Access to Residence or Former Residence to Retrieve Personal Property

25. Trial of Right of Property

26. Use of a Deceased Individual's Name, Voice, Signature, Photograph, or Likeness

27. Residential Construction Liability

28. Prompt Payment to Contractors and Subcontractors

29. Forced Sale of Owner's Interest In Certain Real Property As Reimbursement for Property Taxes Paid By Co-owner On Owner's Behalf

30. Writ of Assistance for Repossession of Aircraft

30 to 40. [Reserved for expansion] [Reserved.]


Title 5. Exempt Property and Liens

Subtitle A. Property Exempt From Creditor's Claims

41. Interests In Land

42. Personal Property

43. Exempt Public Property

44. Taxation of Retirement Benefits By Another State

45 to 50. [Reserved for expansion] [Reserved.]

Subtitle B. Liens

51. Provisions Generally Applicable to Liens

52. Judgment Lien

53. Mechanic's, Contractor's, or Materialman's Lien

54. Landlord's Liens

55. Hospital and Emergency Medical Services Liens

56. Liens Against Mineral Property

57. Railroad Laborer's Lien

58. Farm, Factory, and Store Worker's Liens

59. Self-service Storage Facility Liens

60. Newspaper Employee's Lien

61. Motor Vehicle Mortgagee's Lien

62. Broker's and Appraiser's Lien On Commercial Real Estate

63. Manufactured Home Lien

64. Assignment of Rents to Lienholder

65. Authority of Co-Owner to Encumber Residential Property

66. Sale of Property Subject to Oil or Gas Lease

66 to 69. [Reserved for expansion] [Reserved.]

70. Miscellaneous Liens


Title 6. Unclaimed Property

71. Escheat of Property

72. Abandonment of Personal Property

73. Property Held By Financial Institutions

74. Report, Delivery, and Claims Process

75. Texas Minerals

76. Report, Delivery, and Claims Process for Certain Property



Title 6A. Property Loaned to Museums

80. Ownership, Conservation, and Disposition of Property Loaned to Museum



Title 7. Condominiums

Chapter

81. Condominiums Created Before Adoption of Uniform Condominium Act

82. Uniform Condominium Act

83 to 90. [Reserved for expansion] [Reserved.]



Title 8. Landlord and Tenant

91. Provisions Generally Applicable to Landlords and Tenants

92. Residential Tenancies

93. Commercial Tenancies

94. Manufactured Home Tenancies

95 to 100. [Reserved for expansion] [Reserved.]



Title 9. Trusts

Subtitle A. Provisions Generally Applicable to Trusts

101. Provisions Generally Applicable to Trusts

102 to 110. [Reserved for expansion] [Reserved.]

Subtitle B. Texas Trust Code: Creation, Operation, and Termination of Trusts

111. General Provisions

112. Creation, Validity, Modification, and Termination of Trusts

113. Administration

114. Liabilities, Rights, and Remedies of Trustees, Beneficiaries, and Third Persons

115. Jurisdiction, Venue, and Proceedings

116. Uniform Principal and Income Act

117. Uniform Prudent Investor Act

118 to 120. [Reserved for expansion] [Reserved.]

Subtitle C. Miscellaneous Trusts

121. Employees' Trusts

122. Charitable Trusts [Repealed]

123. Attorney General Participation In Proceedings Involving Charitable Trusts

124. Partition of Mineral Interests of Charitable Trust

125 to 140. [Reserved for expansion] [Reserved.]



Title 10. Miscellaneous Beneficial Property Interests

Subtitle A. Persons Under Disability

141. Transfers to Minors

142. Management of Property Recovered In Suit By a Next Friend or Guardian Ad Litem

143 to 160. [Reserved for expansion] [Reserved.]

Subtitle B. Fiduciaries

161. Management and Control of Securities

162. Construction Payments, Loan Receipts, and Misapplication of Trust Funds

163. Management, Investment, and Expenditure of Institutional Funds

164 to 180. [Reserved for expansion] [Reserved.]

Subtitle C. Powers of Appointment

181. Powers of Appointment

182 to 200. [Reserved for expansion] [Reserved.]


Title 11. Restrictive Covenants

201. Restrictive Covenants Applicable to Certain Subdivisions

202. Construction and Enforcement of Restrictive Covenants

203. Enforcement of Land Use Restrictions In Certain Counties

204. Powers of Property Owners' Association Relating to Restrictive Covenants In Certain Subdivisions

205. Restrictive Covenants Applicable to Revised Subdivisions In Certain Counties

206. Extension of Restrictions Imposing Regular Assessments In Certain Subdivisions

207. Disclosure of Information By Property Owners' Associations

208. Amendment and Termination of Restrictive Covenants In Historic Neighborhoods

209. Texas Residential Property Owners Protection Act

210. Extension or Modification of Residential Restrictive Covenants by Petition in Certain Subdivisions

211. Amendment and Enforcement of Restrictions in Certain Subdivisions

212. Extension of Restrictions by Majority Vote in Certain Subdivisions

213. [Expires September 1, 2021] Modification or Termination of Restrictions in Certain Real Estate Developments by Property Owners' Association or Property Owner Petition

213 to 214. [Reserved for expansion] [Reserved.]

215. Master Mixed-Use Property Owners' Associations

216 to 220. [Reserved for expansion] [Reserved.]


Title 12. Miscellaneous Shared Real Property Interests

221. Texas Timeshare Act [Expires September 1, 2019]

222. Texas Membership Camping Resort Act

223 to 300. [Reserved for expansion] [Reserved.]



Title 13. Disclaimer of Property Interests

Chapter

240. Texas Uniform Disclaimer of Property Interests Act



Title 15. Fair Housing Practices

301. Texas Fair Housing Act

302 to 400. [Reserved for expansion] [Reserved.]



Title 16. Texas Residential Construction Commission Act [Expired]

Subtitle A. General Provisions [Expired]

401. General Provisions [Expired]

Subtitle B. Texas Residential Construction Commission [Expired]

406. Commission [Expired]

407. Executive Director and Other Agency Personnel [Expired]

408. Powers and Duties [Expired]

409. Public Interest Information and Complaint Procedures [Expired]

Subtitle C. Builder Registration [Expired]

416. Certificate of Registration [Expired]

417. Certification of Residential Construction Arbitrators [Expired]

418. Prohibited Practices; Disciplinary Proceedings [Expired]

419. Administrative Penalty [Expired]

420. Building Contract Provisions [Expired]

Subtitle D. State-sponsored Inspection and Dispute Resolution Process; Statutory Warranty and Building and Performance Standards [Expired]

426. General Provisions [Expired]

427. Inspectors [Expired]

428. State-Sponsored Inspection and Dispute Resolution Process [Expired]

429. Appeal of Third-party Inspector's Recommendation [Expired]

430. Warranties and Building and Performance Standards [Expired]

431. Energy-Efficient Building Accreditation Program [Expired]

Subtitle E. Residential Construction Arbitration [Expired]

436. General Provisions [Expired]

437. Reporting Requirements [Expired]

438. Enforceability of Residential Construction Arbitration Awards [Expired]

Subtitle F. Inspection of New Residential Construction [Expired]

446. Residential Construction in Unincorporated Areas and Other Areas not Subject to Municipal Inspections [Expired]


CONSTITUTION OF THE STATE OF TEXAS 1876

Article I. Bill of Rights

Section

17. Taking, Damaging, or Destroying Property for Public Use; Special Privileges and Immunities; Control of Privileges and Franchises

19. Deprivation of Life, Liberty, etc

Article XVI. General Provisions

37. Liens of Mechanics, Artisans and Material Men

50. Homestead; Protection from Forced Sale; Mortgages, Trust Deeds, and Liens

51. Amount of Homestead; Uses

52. Descent and Distribution of Homestead; Restrictions on Partition


BUSINESS AND COMMERCE CODE

Title 2. Competition and Trade Practices

Chapter

15. Monopolies, Trusts and Conspiracies in Restraint of Trade


Title 3. Insolvency, Fraudulent Transfers, and Fraud

26. Statute of Frauds


Title 4. Business Opportunities and Agreements

56. Agreement for Payment of Construction Subcontractor


Title 12. Rights and Duties of Consumers and Merchants

605. Consumer Rebate Response and Grace Period for Corrections


CIVIL PRACTICE AND REMEDIES CODE

Title 2. Trial, Judgment, and Appeal

Subtitle B. Trial Matters

Chapter

15. Venue

16. Limitations


Title 3. Extraordinary Remedies

65. Injunction

Title 4. Liability In Tort


75. Limitation of Landowners' Liability

80. Trespass: Outdoor Sign

95. Property Owner's Liability for Acts of Independent Contractors and Amount of Recovery


Title 6. Miscellaneous Provisions

121. Acknowledgments and Proofs of Written Instruments

125. Common and Public Nuisances

130. Indemnification in Certain Construction Contracts


FINANCE CODE

Title 3. Financial Institutions and Businesses

Subtitle E. Other Financial Businesses

Chapter

156. Residential Mortgage Loan Companies


GOVERNMENT CODE

Title 4. Executive Branch

Subtitle A. Executive Officers

Chapter

406. Notary Public; Commissioner of Deeds

Subtitle D. History, Culture, and Education

442. Texas Historical Commission


Title 10. General Government

Subtitle A. Administrative Procedure and Practice

2007. Governmental Action Affecting Private Property Rights

Subtitle D. State Purchasing and General Services

2165. State Buildings, Grounds, and Property

2166. Building Construction and Acquisition and Disposition of Real Property

2167. Lease of Space for State Agencies

Subtitle F. State and Local Contracts and Fund Management

2253. Public Work Performance and Payment Bonds


HEALTH AND SAFETY CODE

Title 5. Sanitation and Environmental Quality

Subtitle A. Sanitation

Chapter

341. Minimum Standards of Sanitation and Health Protection Measures

342. Local Regulation of Sanitation

343. Abatement of Public Nuisances


Title 9. Safety

Subtitle A. Public Safety

757. Pool Yard Enclosures

765. Criminal History Record Information Checks of Employees of Residential Dwelling Projects


HUMAN RESOURCES CODE

Title 8. Rights and Responsibilities of Persons With Disabilities

Chapter

123. Community Homes for Persons with Disabilities

LOCAL GOVERNMENT CODE

Title 2. Organization of Municipal Government

Subtitle C. Municipal Boundaries and Annexation

Chapter

42. Extraterritorial Jurisdiction of Municipalities

43. Municipal Annexation


Title 7. Regulation of Land Use, Structures, Businesses, and Related Activities

Subtitle A. Municipal Regulatory Authority

211. Municipal Zoning Authority

212. Municipal Regulation of Subdivisions and Property Development

213. Municipal Comprehensive Plans

214. Municipal Regulation of Housing and Other Structures

215. Municipal Regulation of Businesses and Occupations

216. Regulation of Signs By Municipalities

217. Municipal Regulation of Nuisances and Disorderly Conduct

218. Municipal Regulation of Burglar Alarm Systems [Renumbered]

219. Municipal Comprehensive Plans [Renumbered]

229. Miscellaneous Regulatory Authority of Municipalities

230. Miscellaneous Regulatory Authority of Municipalities [Renumbered]

Subtitle B. County Regulatory Authority

231. County Zoning Authority

232. County Regulation of Subdivisions

233. County Regulation of Housing and Other Structures

234. County Regulation of Businesses and Occupations

235. County Regulation of Matters Relating to Explosives and Weapons

236. County Regulation of Firearms, Knives, Ammunition, Firearm Supplies, and Sport Shooting Ranges

237. County Regulation of Alarm Systems [Renumbered]

238. County Regulation of Certain Outdoor Businesses [Renumbered]

239. County Regulation of Structures [Renumbered]

240. Miscellaneous Regulatory Authority of Counties

Subtitle C. Regulatory Authority Applying to More Than One Type of Local Government

241. Municipal and County Zoning Authority Around Airports

242. Authority of Municipality and County to Regulate Subdivisions In and Outside Municipality's Extraterritorial Jurisdiction

243. Municipal and County Authority to Regulate Sexually Oriented Business

244. Location of Certain Facilities and Shelters

245. Issuance of Local Permits

246. Construction of Certain Telecommunications Facilities

247 to 249. [Reserved for expansion] [Reserved.]

250. Miscellaneous Regulatory Authority of Municipalities and Counties


OCCUPATIONS CODE

Title 7. Practices and Professions Related to Real Property and Housing

Subtitle A. Professions Related to Real Estate

Chapter

1101. Real Estate Brokers and Sales Agents[Expires September 1, 2019]

1102. Real Estate Inspectors [Expires September 1, 2019]

1103. Real Estate Appraisers [Expires September 1, 2019]

1104. Appraisal Management Companies [Expires September 1, 2019]

1105. Self-Directed and Semi-Independent Status of Texas Real Estate Commission

1106 to 1150. [Reserved for expansion] [Reserved.]

Subtitle B. Professions Related to Property Taxation

1151. Property Tax Professionals

1152. Property Tax Consultants

1153 to 1200. [Reserved for expansion] [Reserved.]

Subtitle C. Regulation of Certain Types of Housing and Buildings

1201. Manufactured Housing

1202. Industrialized Housing and Buildings

1203 to 1300. [Reserved for expansion] [Reserved.]


TAX CODE

Title 1. Property Tax Code

Subtitle A. General Provisions

Chapter

1. General Provisions

2 to 4. [Reserved for expansion] [Reserved.]

Subtitle B. Property Tax Administration

5. State Administration

6. Local Administration

7 to 10. [Reserved for expansion] [Reserved.]

Subtitle C. Taxable Property and Exemptions

11. Taxable Property and Exemptions

12 to 20. [Reserved for expansion] [Reserved.]

Subtitle D. Appraisal and Assessment

21. Taxable Situs

22. Renditions and Other Reports

23. Appraisal Methods and Procedures

24. Central Appraisal

25. Local Appraisal

26. Assessment

27 to 30. [Reserved for expansion] [Reserved.]

Subtitle E. Collections and Delinquency

31. Collections

32. Tax Liens and Personal Liability

33. Delinquency

34. Tax Sales and Redemption

35 to 40. [Reserved for expansion] [Reserved.]

Subtitle F. Remedies

41. Local Review

41A. Appeal Through Binding Arbitration

42. Judicial Review

43. Suit Against Appraisal Office

44 to 100. [Reserved for expansion] [Reserved.]


WATER CODE

Title 4. General Law Districts

Chapter

49. Provisions Applicable to All Districts

54. Municipal Utility Districts