BWH S.B. 1203 75(R)    BILL ANALYSIS


COUNTY AFFAIRS
S.B. 1203
By: Lucio (Lewis, Ron)
5-24-97
Committee Report (Unamended)



BACKGROUND 

With the rapid development of electronic technology in the transfer of
information by an electronic medium, states are beginning to adopt
electronic recording statutes for the recording and filing of documents
and instruments in the public record.  This bill would create an
Electronic Recording Advisory Committee to make recommendations to the
Texas State Library and Archives Commission regarding the electronic
filing and recording of instruments in the public records.    

PURPOSE

As proposed, C.S.S.B. 1203 creates the Electronic Recording Advisory
Committee and authorizes the committee to make written recommendations to
the Texas State Library and Archives Commission regarding the filing and
recording of instruments in the public courts of the county and district
clerk. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas State Library and Archives
Commission under SECTION 1 (Section 205.010(h), Local Government Code) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 205, Local Government Code, by adding Section
205.010, as follows: 

Sec. 205.010.  ELECTRONIC RECORDING ADVISORY COMMITTEE. Defines "real
property records."  Creates the electronic recording advisory committee
(committee). Provides that the committee consists of 16 members appointed
or selected according to certain provisions.  Provides that the director
and librarian of the Texas State Library and Archives Commission is the
presiding officer of the advisory committee.  Sets forth provisions
regarding notice of the selection of the members of the committee.  Sets
forth provisions regarding a meeting of the committee.  Authorizes the
committee to make recommendations under this section only under certain
conditions.  Sets forth additional provisions regarding committee
recommendations to the Texas State Library and Archives Commission.  Sets
forth provisions applicable if the committee makes written recommendations
under this section.  Sets forth provisions applicable if the Texas State
Library and Archives Commission adopts rules under Subsection (h).  Sets
forth provisions applicable if an instrument or document is recorded under
Subsection (i).  Sets forth provisions regarding the filing fees. Sets
forth provisions regarding rules adopted by the Texas State Library and
Archives Commission.  Provides that an electronically recorded instrument
or document or an original or paper copy of the instrument or document is
a local government record under Section 201.003(8)(A).    Authorizes the
committee to make certain written recommendations to certain persons and
the Texas State Library and Archives Commission on or before December 31,
1998.  Provides that this section and any rules adopted under this section
expire January 1, 2000.  Prohibits an instrument or document, on or after
that date, from being recorded by electronic means unless allowed by
another law.  
 SECTION 2. Amends Section 441.165, Government Code, to set forth
provisions regarding rules and any revisions to the rules developed under
Sections 203.048, 204.004, 205.003, and 205.010, Local Government Code. 

SECTION 3. Emergency clause.
  Effective date: upon passage.