Changes to Practice Notes
Chapter 1Ethics and Professional Conduct
§ 1.6:2Confidentiality
Moved language from ABA Model Rules of Professional Conduct from section 1.7 here.
§ 1.6:6Responsibilities Regarding Nonlawyer Assistant
This subsection was renumbered from 1.7.
§ 1.7Respect for Rights of Third Parties
This section was renumbered from 1.7:3.
§ 1.8:3Succession Planning for the Solo Practitioner
This is a new subsection.
§ 1.13Corporate Transparency Act
Updated last paragraph with information about challenges to the CTA.
Chapter 2Laws Affecting Real Estate
§ 2.10Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA)
This is a new section. Renumbered subsequent sections and updated cross-references.
§ 2.60Corporate Transparency Act
Added new discussion about current requirements to file reports.
Added discussion of engagement letters.
§ 2.65Deeds
Added discussion of Texas Transfer Toolkit.
§ 2.112Foreign Ownership of Agricultural Property
This is a new section. Renumbered subsequent sections and updated cross-references.
§ 2.113Foreign Ownership of Real Property
Substantially rewrote section.
§ 2.155Letters of Credit
Added discussion of customs and practices.
§ 2.179Mortgage Fraud
Removed discussion of mortgage fraud venue.
§ 2.220Reporting of Transactions
This is a new section. Renumbered subsequent sections and updated cross-references.
§ 2.232Securities Acts
Updated citation to Texas Securities Act from Civ. Stats. to Tex. Gov’t. Code.
Chapter 3Preparation, Execution, Proof, and Recording of Documents
§ 3.14:1Proof by Jurat
Updated Tex. Code Crim. Proc. reference from 2.12 to 2A.001.
Chapter 4Sales Contracts and Transaction Guide
§ 4.6:5Review of Title Commitment
Updated URLs.
§ 4.14:4Funding
Updated URLs.
Chapter 5Deeds, Bills of Sale, and Other Transfers
§ 5.12:8Assumption of Liability Agreements for VA-Guaranteed Loans
Updated URLs.
Chapter 8Deeds of Trust
§ 8.5:3Statute Applicable to Wraparound Mortgages for Certain Residential Real Estate Transactions
Updated URLs.
Chapter 9Security Agreements
§ 9.3:3Collateral Categories
Added discussion on controllable electronic records (CERs).
§ 9.4:4Security Agreement
Added discussion about as-extracted collateral and fixtures.
Added cross-reference to section 9.5:3.
§ 9.5:3Perfection by Filing
Added discussion of In re Financial Oversight and Management Board for Puerto Rico and In re 180 Equipment, LLC.
Added discussion and URL about PEB commentary no. 26.
Added note about filings being made only electronically effective 1/1/2025.
Added discussion about two versions of standard UCC filings.
§ 9.5:5Perfection by Control
Added discussion about 2022 UCC amendments.
§ 9.5:8Other Means of Perfection
Added discussion about Tex. Bus. & Com. Code § 9.109(c) regarding trademarks and copyrights.
§ 9.5:9Perfection Certificate
This is a new subsection.
Chapter 11Home Equity Loan Documents
§ 11.1Home Equity Loan General Considerations
Removed URL for interpretive rules of Finance Commission and Credit Union Commission on home equity lending law.
Updated citations.
Chapter 12Federal Consumer Disclosure Documents
§ 12.2:1Disclosure Statements
Updated quote from 12 C.F.R. § 1026.17(a).
Chapter 14Foreclosure Documents
Added cross-references to Texas Foreclosure Manual throughout chapter.
§ 14.2:10Contents of Notice of Sale
Updated quotation from Hutson v. Sadler.
Chapter 16Water Rights Conveyancing Documents
Made changes throughout chapter to increase readability.
§ 16.3:2GCD Permitting
Updated URL.
§ 16.3:3Other Due Diligence
Added to list of bullet points.
§ 16.19:8Exhibit J—Easement Agreement
Updated citations.
§ 16.45:9Groundwater Defined
Added mention of El Paso Court of Appeals.
§ 16.91Produced Water
Added reference to Produced Water Litigation CLE course.
Added mention of El Paso Court of Appeals and petition history of Cactus Water Services, LLC v. COG Operating, LLC.
Chapter 17Risk Allocation: Indemnity, Waiver, and Insurance
§ 17.9Quality of Insurance
Updated URL.
Chapter 18Residential Construction Contract Documents
§ 18.2:2Texas Residential Construction Liability Act
Updated quote from Tex. Prop. Code § 27.001(6).
Chapter 20Contractual Mechanic’s Lien Documents
§ 20.2:1First Lien to Third-Party Lender to Secure Interim and Permanent Financing
Updated quote from 15 U.S.C. § 1602(g).
§ 20.2:2First Lien to Contractor; No Interim Financing; Permanent Financing by Third-Party Lender
Updated quote from 15 U.S.C. § 1602(g).
§ 20.2:3Second Lien to Third-Party Lender to Secure Interim and Permanent Financing
Updated quote from 15 U.S.C. § 1602(g).
Chapter 23Restrictive Covenants and Property Owners’ Associations
§ 23.1:3Limitations of Covenants and Restrictions
Added citation to Tex. Elec. Code § 259.002.
Chapter 24Condominium Documents
§ 24.3:2Restrictions on Use, Occupancy, or Alienation
Updated citation to Tex. Prop. Code regarding firearm restrictions.
Chapter 25Leases
§ 25.1:5Fair Credit Reporting Act
Updated citations to 15 U.S.C. § 1681a.
Chapter 27Third-Party Opinion Letters in Real Estate Financings
§ 27.1Introduction to Third-Party Opinion Letters
Updated URLs.
§ 27.7Additional Resources
Updated URLs.
Changes to Forms—2025
Chapter 1Ethics and Professional Conduct
Form 1-18Additional Clause for Fee Agreements
This is a new form.
Chapter 9Security Agreements
Form 9-21Short-Form Intellectual Property Security Agreement
This is a new form.
Form 9-22Perfection Certificate
This is a new form.
Chapter 24Condominium Documents
Form 24-27Condominium Termination Agreement
Updated formatting.