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AN ACT
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relating to the authority of certain county and district clerks to |
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obtain and retain information that identifies a person filing a |
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document or requesting services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 191.010(b), Local Government Code, is |
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amended to read as follows: |
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(b) A county clerk in a county that allows for electronic |
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filing of documents in the real property records of the county [with |
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a population of 800,000 or more] may require a person presenting a |
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document in person for filing in the real property records [of the |
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county] to present a photo identification to the clerk. The clerk |
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may copy the photo identification or record information from the |
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photo identification. The clerk may not charge a person a fee to |
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copy or record the information from a photo identification. |
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SECTION 2. Section 191.011, Local Government Code, is |
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amended by amending Subsections (b) and (d) and adding Subsection |
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(b-1) to read as follows: |
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(b) A county clerk or district clerk in a county that allows |
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for electronic filing or recording of documents or other |
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instruments [with a population of 3.3 million or more] may require |
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an individual to present photo identification and copy or record |
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identifying information, including a document on which the |
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information is viewable, if the [regarding an] individual [who]: |
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(1) presents a document or other instrument for filing |
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or recording to the county clerk or district clerk; or |
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(2) requests or obtains an ex officio service or other |
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public service provided by the county clerk or district clerk. |
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(b-1) A county clerk or district clerk who requires an |
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individual to present photo identification under Subsection (b) may |
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not accept a document or other instrument for filing or recording if |
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the individual presents the document or other instrument in person |
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and does not have or refuses to provide a photo identification. |
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(d) Except as otherwise required or authorized by law, a |
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county clerk or district clerk may not[: |
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[(1) refuse to file or record a document or other |
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instrument or refuse to provide a public service on the ground that |
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an individual described by Subsection (b) does not have or refuses |
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to provide identifying information; or |
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[(2)] charge a fee to copy or record identifying |
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information. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1195 was passed by the House on April |
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20, 2023, by the following vote: Yeas 145, Nays 1, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1195 on May 19, 2023, by the following vote: Yeas 140, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1195 was passed by the Senate, with |
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amendments, on May 17, 2023, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |