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.