1-1 By: Tallas (Senate Sponsor - Madla) H.B. No. 2750
1-2 (In the Senate - Received from the House May 11, 1993;
1-3 May 12, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 14, 1993, rereferred to Committee on
1-5 Intergovernmental Relations; May 20, 1993, reported favorably by
1-6 the following vote: Yeas 10, Nays 0; May 20, 1993, sent to
1-7 printer.)
1-8 COMMITTEE VOTE
1-9 Yea Nay PNV Absent
1-10 Armbrister x
1-11 Leedom x
1-12 Carriker x
1-13 Henderson x
1-14 Madla x
1-15 Moncrief x
1-16 Patterson x
1-17 Rosson x
1-18 Shapiro x
1-19 Wentworth x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to certain requirements for legal papers filed with a
1-24 county clerk.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Sections 191.007(b), (h), and (k), Local
1-27 Government Code, are amended to read as follows:
1-28 (b) A page is considered to be one side of a sheet of paper.
1-29 A page must:
1-30 (1) be no wider than 8-1/2 inches and no longer than
1-31 14 inches;
1-32 (2) have a sufficient weight and substance so that
1-33 printing, typing, or handwriting on it will not smear or bleed
1-34 through; and
1-35 (3) be printed in type not smaller than eight-point
1-36 type and be suitable otherwise for reproducing from it a readable
1-37 record by a photocopy or photostatic or microphotographic process
1-38 used in the office of the county clerk.
1-39 (h) The filing fee or recording fee for each page of a legal
1-40 paper that is presented for filing or recording to a county clerk
1-41 and fails to meet one or more of the requirements prescribed by
1-42 Subsections (b) through (g) is equal to twice the regular filing
1-43 fee or recording fee provided by statute for that page. However,
1-44 the failure of a page to meet the requirement prescribed by
1-45 Subsection (b)(3) relating to type size does not result in a fee
1-46 increase under this subsection.
1-47 (k) This section does not authorize a county clerk to refuse
1-48 to record a legal paper for the reason that it fails to meet one or
1-49 more of the requirements prescribed by Subsections (b) through (g).
1-50 Failure to comply with these requirements shall not in any manner
1-51 alter, amend, impair, or invalidate any document or legal
1-52 instrument of any type or character and upon recordation by the
1-53 county clerk the document or legal instrument shall be deemed and
1-54 considered as fully complying with the provisions of law dealing
1-55 with the recordation of documents or legal instruments of every
1-56 type and character.
1-57 SECTION 2. The importance of this legislation and the
1-58 crowded condition of the calendars in both houses create an
1-59 emergency and an imperative public necessity that the
1-60 constitutional rule requiring bills to be read on three several
1-61 days in each house be suspended, and this rule is hereby suspended,
1-62 and that this Act take effect and be in force from and after its
1-63 passage, and it is so enacted.
1-64 * * * * *
1-65 Austin,
1-66 Texas
1-67 May 20, 1993
1-68 Hon. Bob Bullock
2-1 President of the Senate
2-2 Sir:
2-3 We, your Committee on Intergovernmental Relations to which was
2-4 referred H.B. No. 2750, have had the same under consideration, and
2-5 I am instructed to report it back to the Senate with the
2-6 recommendation that it do pass and be printed.
2-7 Armbrister,
2-8 Chairman
2-9 * * * * *
2-10 WITNESSES
2-11 FOR AGAINST ON
2-12 ___________________________________________________________________
2-13 Name: Dianne Wilson x
2-14 Representing: Co/Dist Clk Assoc of Tx
2-15 City: Richmond
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2-17 Name: Anjanette Ables x
2-18 Representing: Legis. Committee As Chair
2-19 City: Granbury
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2-21 Name: Susan Wendel x
2-22 Representing: Tx Assoc. of Counties
2-23 City:
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