By Tallas H.B. No. 2750
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the specification for legal papers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 191.007, Local Government Code, is
1-5 amended to read as follows:
1-6 Sec. 191.007. Specifications for Legal Papers; Increased
1-7 Fees. (a) A legal paper presented to a county clerk for filing or
1-8 for recording must meet the requirements prescribed by Subsections
1-9 (b) through (g).
1-10 (b) A page is considered to be one side of a sheet of paper.
1-11 A page must:
1-12 (1) be no wider than 8-1/2 inches and no longer than 14
1-13 inches;
1-14 (2) have a sufficient weight and substance so that printing,
1-15 typing, or handwriting on it will not smear or bleed through; and
1-16 (3) be printed in type no smaller than 8 point type and be
1-17 suitable otherwise for reproducing from it a readable record by a
1-18 photocopy or photostatic or microphotographic process used in the
1-19 office of the county clerk.
1-20 (c) A clearly identifying heading, similar to the headings
1-21 on most commercially supplied printed forms, must be placed at the
1-22 top of the first page to identify the type or kind of legal paper.
1-23 (d) Printing, typing, and handwriting must be clearly
2-1 legible.
2-2 (e) Names must be legibly typed or printed immediately under
2-3 each signature.
2-4 (f) All photostats, photocopies and other types of
2-5 reproduction must have black printing, typing, or handwriting on a
2-6 white background, commonly known as positive prints.
2-7 (g) Riders and attachments must comply with the size
2-8 requirement prescribed by Subsection (b) and shall not be larger
2-9 than the size of the page. Only one rider or attachment may be
2-10 included in or attached to a page.
2-11 (h) The filing fee or recording fee for each page of a legal
2-12 paper that is presented for filing or recording to a county clerk
2-13 and fails to meet one or more of the requirements prescribed by
2-14 Subsections (b) through (g) is equal to twice the regular filing
2-15 fee or recording fee provided by statute for that page.
2-16 (i) If a page of a legal paper has more riders or
2-17 attachments than one, the filing fee or recording fee for each
2-18 rider or attachment in excess of one is twice the regular filing
2-19 fee or recording fee provided by statute.
2-20 (j) If a page of a legal paper has one or more riders or
2-21 attachments larger than the permitted size, the filing fee or
2-22 recording fee for each oversized rider or attachment is twice the
2-23 regular filing fee or recording fee provided by statute for the
2-24 rider or attachment.
2-25 (k) This section does not authorize a county clerk to refuse
3-1 to record a legal paper for the reason that it fails to meet one or
3-2 more of the requirements prescribed by Subsections (b) through (g).
3-3 Failure to comply with these requirements does not invalidate the
3-4 instrument.
3-5 SECTION 2. This Act takes effect September 1, 1993.
3-6 SECTION 3. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.