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Texas Laws | Property Code

PROPERTY CODE (1)(Text)

TITLE 1. GENERAL PROVISIONS (2)(Text)

Updated: 08/03/2018 at 19:56:42. Including revisions from the 2017 Texas Legislature. (3)

CHAPTER 1. GENERAL PROVISIONS (4)(Text)

Sec. 1.001. PURPOSE OF CODE. (5)(Text)

(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. (6)

(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: (7)

(1) rearranging the statutes into a more logical order; (8)

(2) employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law; (9)

(3) eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions; and (10)

(4) restating the law in modern American English to the greatest extent possible. (11)

Acts 1983, 68th Leg., p. 3478, ch. 576, Sec. 1, eff. Jan. 1, 1984. (12)

Sec. 1.002. CONSTRUCTION OF CODE. (13)(Text)

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. (14)

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. (15)

Sec. 1.003. INTERNAL REFERENCES. (16)(Text)

In this code: (17)

(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 (18)

(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. (19)

Acts 1983, 68th Leg., p. 3479, ch. 576, Sec. 1, eff. Jan. 1, 1984. (20)

CHAPTER 2. NATURE OF PROPERTY (21)(Text)

Sec. 2.001. MANUFACTURED HOUSING. (22)(Text)

(a) Except as provided by Subsection (b), a manufactured home is personal property. (23)

(b) A manufactured home is real property if: (24)

(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 (25)

(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. (26)

(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. (27)

(d) to (h) Repealed by Acts 2003, 78th Leg., ch. 338, Sec. 52(2). (28)

(i) This section does not require a retailer or retailer's agent to obtain a license under Chapter 1101, Occupations Code. (29)

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. (30)

Sec. 2.002. DRY FIRE HYDRANTS: AGREEMENT IS PERSONAL. (31)(Text)

(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. (32)

(b) In this section: (33)

(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. (34)

(2) "Fire-fighting agency" means any entity that provides fire-fighting services, including: (35)

(A) a volunteer fire department; and (36)

(B) a political subdivision of this state authorized to provide fire-fighting services. (37)

Added by Acts 1997, 75th Leg., ch. 437, Sec. 2, eff. Sept. 1, 1997. (38)

TITLE 2. CONVEYANCES (39)(Text)

CHAPTER 5. CONVEYANCES (40)(Text)

SUBCHAPTER A. GENERAL PROVISIONS (41)(Text)
Sec. 5.001. FEE SIMPLE. (42)(Text)

(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. (43)

(b) This section applies only to a conveyance occurring on or after February 5, 1840. (44)

Acts 1983, 68th Leg., p. 3480, ch. 576, Sec. 1, eff. Jan. 1, 1984. (45)

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