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A BILL TO BE ENTITLED
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AN ACT
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relating to the electronic filing with and the recording by county |
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clerks of records conveying or purporting to convey title to or an |
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interest in real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 191.009(a), Local Government Code, is |
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amended to read as follows: |
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(a) A county clerk may accept electronic documents and other |
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instruments by electronic filing and record the electronic |
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documents and other instruments electronically if: |
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(1) the electronic documents or instruments do not |
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convey or purport to convey title to or an interest in real |
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property; and |
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(2) the filing or recording complies with the rules |
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adopted by the Texas State Library and Archives Commission under |
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Chapter 195. |
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SECTION 2. Section 195.002(b), Local Government Code, is |
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amended to read as follows: |
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(b) The rules must provide for: |
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(1) the electronic filing with and recording by the |
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county clerk of: |
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(A) real property records, other than records |
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conveying or purporting to convey title to or an interest in real |
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property; and |
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(B) except for records maintained under Section |
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192.006, other instruments filed with and recorded by the county |
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clerk as determined by the commission; |
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(2) the means by which an electronic document or other |
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instrument may be electronically transmitted to a county clerk for |
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filing; |
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(3) the means by which a county clerk may |
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electronically record an electronic document or other instrument |
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filed electronically; |
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(4) requiring that the means adopted under Subdivision |
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(2) or (3) be generally available, nonproprietary technology; and |
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(5) security standards to prevent the filing and |
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recording of fraudulent electronic documents or other instruments |
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or alteration of electronic documents or other instruments that |
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were previously filed and recorded electronically. |
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SECTION 3. Chapter 15, Property Code, is amended by adding |
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Section 15.0025 to read as follows: |
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Sec. 15.0025. APPLICABILITY. This chapter does not apply |
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to a document that conveys or purports to convey title to or an |
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interest in real property. |
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SECTION 4. (a) Section 191.009(a), Local Government Code, |
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as amended by this Act, and Section 15.0025, Property Code, as added |
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by this Act, apply only to a document filed for recording on or |
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after January 1, 2022. |
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(b) Not later than November 1, 2021, the Texas State Library |
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and Archives Commission shall adopt rules necessary to implement |
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Section 195.002(b), Local Government Code, as amended by this Act, |
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and Section 15.0025, Property Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |