Terms Used In Texas Occupations Code 1704.155

  • Appraisal: A determination of property value.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Property: means real and personal property. See Texas Government Code 311.005
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • sworn: includes affirm or affirmed. See Texas Government Code 312.011

A list of nonexempt real property required under Section 1704.154(b)(3) must, for each parcel listed, include:
(1) a legal description of the property that would be sufficient to convey the property by general warranty deed;
(2) a current statement from each taxing unit authorized to impose taxes on the property showing that there is no outstanding tax lien against the property;
(3) at the option of the applicant, either the property’s:
(A) net value according to a current appraisal made by a real estate appraiser who is a member in good standing of a nationally recognized professional appraiser society or trade organization that has an established code of ethics, educational program, and professional certification program; or
(B) value according to a statement from the county from the county’s most recent certified tax appraisal roll;
(4) a statement by the applicant that, while the property remains in trust, the applicant:
(A) agrees to pay the taxes on the property;
(B) will not further encumber the property unless the applicant notifies the board of the applicant’s intent to encumber the property and the board permits the encumbrance; and
(C) agrees to maintain insurance on any improvements on the property against damage or destruction in the full amount of the value claimed for the improvements;
(5) a statement of whether the applicant is married; and
(6) if the applicant is married, a sworn statement from the applicant’s spouse agreeing to transfer to the board, as a part of the trust, any right, title, or interest that the spouse may have in the property.