SRC-HRD S.B. 1203 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1203
By: Lucio
Intergovernmental Relations
3-31-97
As Filed


DIGEST 

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 Task Force to establish standards and specifications
for a pilot program for the electronic filing and recording of instruments
in the public records.  The task force would expire after three and a half
years.   

PURPOSE

As proposed, S.B. 1203 creates a temporary Electronic Recording Task Force
and authorizes the task force 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

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 194, Local Government Code, by adding Section
194.003, as follows: 

Sec. 194.003.  ELECTRONIC RECORDING.  Requires an Electronic Recording
Task Force (task force) to consist of 13 members according to certain
provisions.  Requires notice of the selection of members of the task force
to be provided to the Texas State Library and Archives Commission
(commission) on or before September 1, 1997.  Sets forth provisions in
effect if any member of the task force resigns, fail or refuses to serve,
or is unable to serve for any reason.  Sets forth provisions regarding
written recommendations by the task force to the commission.  Defines
"electronic recording rules" and "public records."  Authorizes the task
force to make written recommendations by a certain deadline for adoption
of certain laws. Requires the written recommendations of the task force to
be approved by 10 or more of its members.  Sets forth provisions in effect
if the commission adopts electronic recording rules. Requires the county
clerk or district clerk who accepts electronic filing of instruments
pursuant to the electronic recording rules adopted by the commission to
require that original or duplicate paper instruments also be filed in
order for the electronic filing to be effective and to maintain a paper,
optical image or microfilm copy of the instruments pursuant to applicable
law other than this section as public records.  Sets forth provisions
regarding applicable filing fees.  Sets forth requirements for the county
clerk and district clerk who accepts electronic filing of instruments
pursuant to electronic recording rules adopted by the commission.  Sets
forth provisions regarding the application of this chapter.  Requires any
instrument pursuant to the electronic recording rules adopted by the
commission to be considered recorded and a public record.  Prohibits this
section from applying to instruments or documents filed with the county
clerk or district clerk after December 31, 1999, and requires this section
to expire on January 1, 2000. 

SECTION 2. Effective date: upon passage.

 SECTION 3. Emergency clause.