By: Madla S.B. No. 1269
73R3295 RWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requirements for certain documents to be filed or
1-3 recorded with and certain fees charged by county clerks.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.004(a), Property Code, is amended to
1-6 read as follows:
1-7 (a) A county clerk shall:
1-8 (1) correctly record, as required by law, within a
1-9 reasonable time after delivery, any instrument authorized or
1-10 required to be recorded in that clerk's office that is proved,
1-11 acknowledged, or sworn to according to law and, if applicable, that
1-12 includes the recorder's index information as provided by Section
1-13 191.009, Local Government Code;
1-14 (2) give a receipt, as required by law, for an
1-15 instrument delivered for recording;
1-16 (3) record instruments relating to the same property
1-17 in the order the instruments are filed; and
1-18 (4) provide and keep in the clerk's office the indexes
1-19 required by law.
1-20 SECTION 2. Chapter 11, Property Code, is amended by adding
1-21 Section 11.008 to read as follows:
1-22 Sec. 11.008. TITLE OF INSTRUMENT; LEGAL DESCRIPTION OF REAL
1-23 PROPERTY. (a) An instrument relating to real or personal property
1-24 may not be recorded unless it has a single title that briefly
2-1 describes the nature and purpose of the instrument.
2-2 (b) An instrument relating to real property may not be
2-3 recorded unless it has a single, complete legal description of the
2-4 property.
2-5 (c) The validity of an instrument as between the parties to
2-6 the instrument is not affected by a failure to comply with the
2-7 requirements of Subsection (a) or (b).
2-8 (d) Payment of a filing fee and acceptance of the instrument
2-9 by the county clerk for recording creates a conclusive presumption
2-10 that the requirements of this section have been met.
2-11 SECTION 3. Section 118.011(a), Local Government Code, is
2-12 amended to read as follows:
2-13 (a) A county clerk shall collect the following fees for
2-14 services rendered to any person:
2-15 (1) Personal Property Records Filing
2-16 (Sec. 118.012) .......................... $ 2.00
2-17 (2) Real Property Records Filing (Sec. 118.013):
2-18 for the first page ........................ $ 3.00
2-19 for each additional page or part of a page on
2-20 which there are visible marks of any
2-21 kind .................................... $ 2.00
2-22 for all or part of each 8-1/2" X 14" attachment or
2-23 rider ................................... $ 2.00
2-24 for each name in excess of five names that has to
2-25 be indexed in all records in which the
2-26 document must be indexed ................ $ 0.25
2-27 (3) Certified Papers (Sec. 118.014):
3-1 for the clerk's certificate on <........... $ 1.00>
3-2 <plus a fee for> each page or part of a
3-3 page <of> ............................... $ 1.00
3-4 (4) Noncertified Papers (Sec. 118.0145):
3-5 for each page or part of a page ........... $ 1.00
3-6 (5) Birth or Death Certificate (Sec.
3-7 118.015) ............... same as state registrar
3-8 (6) <(5)> Bond Approval (Sec. 118.016) ........ $ 3.00
3-9 (7) <(6)> Notary Appointment (Sec. 118.017) ... $ 4.00
3-10 (8) <(7)> Marriage License (Sec. 118.018) ..... $25.00
3-11 (9) <(8)> Declaration of Informal Marriage
3-12 (Sec. 118.019) .................... $25.00
3-13 (10) <(9)> Brand Registration (Sec. 118.020) ... $ 5.00
3-14 (11) <(10)> Oath Administration (Sec. 118.021) .. $ 1.00
3-15 SECTION 4. Section 118.014(a), Local Government Code, is
3-16 amended to read as follows:
3-17 (a) The fee for "Certified Papers" under Section 118.011 is
3-18 for each <the> county clerk's certificate placed on each page or
3-19 part of a page of a <and for issuing each certified copy,> notice,
3-20 statement, license, or document that the clerk is authorized or
3-21 required to issue. The fee must be paid <in cash> at the time the
3-22 order is placed.
3-23 SECTION 5. Subchapter B, Chapter 118, Local Government Code,
3-24 is amended by adding Section 118.0145 to read as follows:
3-25 Sec. 118.0145. NONCERTIFIED PAPERS. The fee for
3-26 "Noncertified Papers" under Section 118.011 is for issuing a
3-27 noncertified copy of a document. The fee must be paid at the time
4-1 the order is placed.
4-2 SECTION 6. Section 118.052, Local Government Code, is
4-3 amended to read as follows:
4-4 Sec. 118.052. Fee Schedule. Each clerk of a county court
4-5 shall collect the following fees for services rendered to any
4-6 person:
4-7 (1) CIVIL COURT ACTIONS
4-8 (A) Filing of Original Action (Sec. 118.053):
4-9 (i) Garnishment after judgment .... $15.00
4-10 (ii) All others .................... $40.00
4-11 (B) Filing of Action Other than Original
4-12 (Sec. 118.054) ..................... $30.00
4-13 (C) Services Rendered After Judgment in Original
4-14 Action (Sec. 118.0545):
4-15 (i) Abstract of judgment ........... $5.00
4-16 (ii) Execution, order of sale, writ, or
4-17 other process ................ $5.00
4-18 (2) PROBATE COURT ACTIONS
4-19 (A) Probate Original Action (Sec. 118.055):
4-20 (i) Probate of a will with independent
4-21 executor, administration with will
4-22 attached, administration of an
4-23 estate, guardianship or receivership
4-24 of an estate, or muniment of
4-25 title ....................... $35.00
4-26 (ii) Community survivors ........... $20.00
4-27 (iii) Small estates ................. $10.00
5-1 (iv) Affidavits of heirship ........ $10.00
5-2 (v) Mental health or chemical
5-3 dependency services ......... $40.00
5-4 (vi) Additional, special fee (Sec.
5-5 118.064) .................... $ 3.00
5-6 (B) Services in Pending Probate Action (Sec.
5-7 118.056):
5-8 (i) Filing and recording a document:
5-9 for the first page ............ $ 3.00
5-10 for each additional page or part of a
5-11 page ........................ $ 2.00
5-12 (ii) Approving and recording bond .. $ 3.00
5-13 (iii) Administering oath ............ $ 2.00
5-14 (C) Adverse Probate Action (Sec.
5-15 118.057) ........................... $35.00
5-16 (D) Claim Against Estate (Sec. 118.058) .. $ 2.00
5-17 (3) OTHER FEES
5-18 (A) Issuing Document <Requiring a Return, No
5-19 Pending Action> (Sec. 118.059):
5-20 original document and one copy ... $ 4.00
5-21 each additional set of an original and
5-22 one copy ....................... $ 4.00
5-23 (B) Certified Papers<, No Return Required>
5-24 (Sec. 118.060):
5-25 for the clerk's certificate ...... $ 1.00
5-26 plus a fee per page or part of a page
5-27 of ............................. $ 1.00
6-1 (C) Noncertified Papers (Sec. 118.0605):
6-2 for each page or part of a page .. $ 1.00
6-3 (D) Letters Testamentary, Letter of Guardianship,
6-4 Letter of Administration, or Abstract of
6-5 Judgment (Sec. 118.061) ............ $ 2.00
6-6 (E) <(D)> Safekeeping of Wills (Sec.
6-7 118.062) ..................... $ 5.00
6-8 (F) <(E)> Mail Service of Process (Sec.
6-9 118.063) ............ same as sheriff
6-10 SECTION 7. Section 118.059, Local Government Code, is
6-11 amended to read as follows:
6-12 Sec. 118.059. Issuing Document <Requiring Return, No Pending
6-13 Action>. (a) The fee <fees> for "Issuing Document <Requiring a
6-14 Return, No Pending Action>" under Section 118.052(3) is <are> for
6-15 <services in connection with which no action is pending.>
6-16 <(b) The fee for> issuing an original document and one copy
6-17 and includes recording the return of the document.
6-18 (b) <(c)> The fee for issuing for the same action at the
6-19 same time more than one set of an original and one copy of the same
6-20 document includes recording the return of the document. The fee
6-21 must be paid at the time the order is placed.
6-22 (c) <(d)> In this section, "document" includes a citation,
6-23 notice, commission to take depositions, execution, order, writ,
6-24 process, or other instrument or paper authorized or required to be
6-25 issued by the clerk <and on which a return must be recorded>.
6-26 SECTION 8. Section 118.060(a), Local Government Code, is
6-27 amended to read as follows:
7-1 (a) The fee for "Certified Papers<, No Return Required>"
7-2 under Section 118.052(3) is for each county <the> clerk's
7-3 certificate placed on each page or part of a page of a <and for
7-4 issuing a certificate, certified copy,> notice, statement,
7-5 transcript, or other document authorized or required to be issued
7-6 by the clerk <on which no return is to be recorded>.
7-7 SECTION 9. Subchapter C, Chapter 118, Local Government Code,
7-8 is amended by adding Section 118.0605 to read as follows:
7-9 Sec. 118.0605. NONCERTIFIED PAPERS. (a) The fee for
7-10 "Noncertified Papers" under Section 118.052(3) is for issuing a
7-11 noncertified copy of a document.
7-12 (b) The fee must be paid at the time the order is placed.
7-13 SECTION 10. Sections 191.007(d) and (k), Local Government
7-14 Code, are amended to read as follows:
7-15 (d) Printing, typing, and handwriting must be clearly
7-16 legible and in a size not smaller than eight-point type.
7-17 (k) This section does not authorize a county clerk to refuse
7-18 to record a legal paper for the reason that it fails to meet one or
7-19 more of the requirements prescribed by Subsections (b) through (g).
7-20 Failure to comply with these requirements does not invalidate a
7-21 legal paper.
7-22 SECTION 11. Chapter 191, Local Government Code, is amended
7-23 by adding Section 191.009 to read as follows:
7-24 Sec. 191.009. RECORDER'S INDEX INFORMATION. (a) An
7-25 instrument presented to a county clerk to be recorded in official
7-26 public records relating to real property, personal property and
7-27 chattels, or governmental, business, or personal matters may not be
8-1 recorded unless:
8-2 (1) the instrument includes the recorder's index
8-3 information as required by this section; or
8-4 (2) a penalty filing fee equal to the greater of $25
8-5 or twice the statutory recording fee for the instrument is paid.
8-6 (b) The recorder's index information must be:
8-7 (1) printed or typed on a page separate from the
8-8 instrument to be filed;
8-9 (2) in the form prescribed by Subsection (e) or in a
8-10 substantially similar form; and
8-11 (3) attached to the instrument immediately preceding
8-12 the instrument's first page.
8-13 (c) The recorder's index information must be titled
8-14 "Recorder's Index Information" and contain for each type or
8-15 category of document contained in the instrument:
8-16 (1) the title of the instrument;
8-17 (2) the names of all grantors of the instrument;
8-18 (3) the names of all grantees of the instrument;
8-19 (4) the mailing address of each grantee;
8-20 (5) a brief legal description of the property, if any;
8-21 and
8-22 (6) the name and mailing address to which the
8-23 instrument is to be returned after recording.
8-24 (d) If the information required to be included as a part of
8-25 the recorder's index information is inapplicable or unavailable the
8-26 instrument must include a statement indicating so.
8-27 (e) The recorder's index information is sufficient if it is
9-1 in the following form or in a substantially similar form:
9-2 RECORDER'S INDEX INFORMATION
9-3 TITLE OF INSTRUMENT: ________________________
9-4 NAME OF THE GRANTOR(S): ________________________
9-5 ________________________
9-6 NAME OF THE GRANTEE(S): ________________________
9-7 ________________________
9-8 GRANTEE'S MAILING ADDRESS: ________________________
9-9 ________________________
9-10 ________________________
9-11 BRIEF LEGAL DESCRIPTION OF
9-12 THE PROPERTY, IF ANY: ________________________
9-13 ________________________
9-14 ________________________
9-15 AFTER RECORDING
9-16 RETURN TO: ________________________
9-17 ________________________
9-18 ________________________
9-19 (f) If an instrument to be recorded includes the recorder's
9-20 index information, the county clerk shall rely exclusively on this
9-21 information to record or alphabetically or numerically index or
9-22 cross-index the instrument. The county clerk is not required to
9-23 alphabetically index or cross-index information not contained in
9-24 the recorder's index information.
9-25 (g) The validity of an instrument is not affected by a
9-26 failure to include the recorder's index information.
9-27 SECTION 12. (a) The changes in law made by this Act apply
10-1 only to fees that become payable or documents that are presented
10-2 for filing or recording with a county clerk on or after the
10-3 effective date of this Act. A fee that became payable or a
10-4 document that was presented for filing or recording with a county
10-5 clerk before the effective date of this Act is governed by the law
10-6 in effect at the time the fee became payable or the document was
10-7 presented for filing or recording, and that law remains in effect
10-8 for that purpose.
10-9 (b) Section 11.008, Property Code, as added by this Act,
10-10 applies only to instruments that are executed on or after January
10-11 1, 1994.
10-12 SECTION 13. This Act takes effect September 1, 1993.
10-13 SECTION 14. The importance of this legislation and the
10-14 crowded condition of the calendars in both houses create an
10-15 emergency and an imperative public necessity that the
10-16 constitutional rule requiring bills to be read on three several
10-17 days in each house be suspended, and this rule is hereby suspended.