Sec. 5.023.  IMPLIED COVENANTS.  (a)  Unless the conveyance expressly provides otherwise, the use of "grant" or "convey" in a conveyance of an estate of inheritance or fee simple implies only that the grantor and the grantor's heirs covenant to the grantee and the grantee's heirs or assigns:
(1)  that prior to the execution of the conveyance the grantor has not conveyed the estate or any interest in the estate to a person other than the grantee;  and
(2)  that at the time of the execution of the conveyance the estate is free from encumbrances.
(b)  An implied covenant under this section may be the basis for a lawsuit as if it had been expressed in the conveyance.
Acts 1983, 68th Leg., p. 3482, ch. 576, Sec. 1, eff. Jan. 1, 1984.