Enrolled Bill Summary

            Senate Bill 888 adds new provisions to the Local Government Code authorizing a county clerk to accept instruments by electronic filing and to record the instruments electronically and authorizing certain persons to file documents electronically for recording with a county clerk that accepts electronic filing and recording. The Texas State Library and Archives Commission is required to adopt rules for instruments that can be filed, the means by which instruments may be transmitted and recorded, and security standards to prevent the filing of fraudulent instruments or the alteration of instruments already filed.

            The act sets forth provisions for notice of confirmation or rejection of instruments that are filed electronically, the time at which instruments are considered filed or recorded, and public access to those instruments and records, and it prohibits additional fees for electronic filings.

            Senate Bill 888 creates the Electronic Recording Advisory Committee to recommend rules to the Texas State Library and Archives Commission regarding the electronic filing of records with a county clerk. The advisory committee is required to make written recommendations on statutory changes necessary to allow for digital signatures on real estate transactions and the electronic filing and recording of instruments executed by digital signature and to send the recommendations to the legislature and the commission. The act also designates the membership of the advisory committee and sets time limits for certain actions.