This is the first of four legislative updates prepared by this firm and summarizes those bills effective immediately that we consider of interest to our clients. The three legislative updates that follow this update will summarize, respectively, (i) bills effective on and after September 1, 2005 that we consider of interest to our clients; (ii) the proposed constitutional amendments to be submitted for voter approval at an election to be held November 8, 2005; and (iii) changes in statutory law relating to manufactured housing. 1. Confidentiality Rights Notice in Texas Deeds and Deeds of Trust (SB 461): Among other amendments, this bill amends subsections (a), (b), and (d), Section 11.008, of the Property Code as follows: (1) The notice is amended to include the words “or all” so that the notice now reads: NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. (2) The amended notice must now appear at the top of the first page. Prior to the amendment, the notice could appear at any location on the first page. (3) The notice requirement now applies only to deeds and deeds of trust disclosing the individual’s social security number or driver’s license number. This means that a deed or deed of trust that does not contain a social security number or driver’s license number is not required to have the notice.
