GEC C.S.S.B. 1195 75(R) BILL ANALYSIS BUSINESS & INDUSTRY C.S.S.B. 1195 By: Lucio (Brimer) 5-22-97 Committee Report (Substituted) BACKGROUND Currently, the law does not provide form specifications for the recording of certain legal instruments. This bill will provide form specifications for the recording of legal instruments which are filed with the County Clerk in the official public records of real property. PURPOSE As proposed, C.S.S.B. 1195 provides form specifications for the recording of certain legal instruments. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 191.007(b), Local Government Code, to require a page, among other requirements, to be a single sheet no wider than 8 _ inches and no longer than 14 inches, and be suitable otherwise for reproducing from it a readable record by electronic imaging used in the office of the county clerk. SECTION 2. Amends Chapter 191, Local Government Code, by adding Section 191.009 which sets forth regulations regarding the recording of instruments by the county clerk in the official public records of real property. States that if an instrument presented for recording does not contain the information provided in subsection (a), that a cover sheet may be prepared by the person drafting the instrument, and sets forth the requirements of the contents of the cover sheet. Provides that the only instruments exempt from the provisions of this section are federal tax liens, release of federal tax liens, state tax liens, release of state tax liens, and standard financing statements. SECTION 3. Effective date: January 1, 1998. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The Committee Substitute for S.B. No. 1195 states that no writing can be in the margins of the instrument except certain items in Section 191.009(a). In Subsection (c), the penalty fee is changed to the lesser of the statutory recording fee of $25.