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.