75R10654 CAG-F
By Chisum H.B. No. 1877
Substitute the following for H.B. No. 1877:
By Lewis of Orange C.S.H.B. No. 1877
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the recording of certain documents by electronic means
1-3 and to the creation of an electronic recording advisory committee.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 205, Local Government Code, is amended by
1-6 adding Section 205.010 to read as follows:
1-7 Sec. 205.010. ELECTRONIC RECORDING ADVISORY COMMITTEE. (a)
1-8 In this section, "real property records" means the deed records,
1-9 deed of trust records, and other records maintained by a county
1-10 clerk relating to real property located in the county.
1-11 (b) The electronic recording advisory committee is created.
1-12 The advisory committee consists of 16 members appointed or selected
1-13 as follows:
1-14 (1) four county clerks selected by the County and
1-15 District Clerks Association of Texas, or their designees;
1-16 (2) four persons selected by the Texas Land Title
1-17 Association, or their designees, one of whom is employed by or is
1-18 an officer of a rural or small urban agent, one of whom is employed
1-19 by or is an officer of a metropolitan agent, and one of whom is
1-20 employed by or is an officer of a title insurer;
1-21 (3) two persons selected by the County Judges and
1-22 Commissioners Association of Texas, or their designees;
1-23 (4) one person selected by the Independent Title
1-24 Association of Texas, Incorporated, or the person's designee; and
2-1 (5) the following state officers or the officer's
2-2 designee:
2-3 (A) the attorney general;
2-4 (B) the comptroller;
2-5 (C) the executive director of the General
2-6 Services Commission;
2-7 (D) the executive director of the Department of
2-8 Information Resources; and
2-9 (E) the director and librarian of the Texas
2-10 State Library and Archives Commission.
2-11 (c) The director and librarian of the Texas State Library
2-12 and Archives Commission is the presiding officer of the advisory
2-13 committee.
2-14 (d) Notice of the selection of the members of the advisory
2-15 committee shall be provided to the Texas State Library and Archives
2-16 Commission on or before September 1, 1997. If a member of the
2-17 advisory committee selected by an association under Subsection (b)
2-18 resigns, fails or refuses to serve, or is unable to serve for any
2-19 reason, the association that selected the original member shall
2-20 select a replacement member.
2-21 (e) A meeting of the advisory committee shall be held at the
2-22 call of the presiding officer. A meeting is subject to Chapter
2-23 551, Government Code.
2-24 (f) The advisory committee may make recommendations under
2-25 this section only if:
2-26 (1) nine or more members of the advisory committee are
2-27 present; and
3-1 (2) all present members, except three or fewer
3-2 members, vote in favor of making the recommendation.
3-3 (g) The advisory committee may make written recommendations
3-4 to the Texas State Library and Archives Commission on or before
3-5 December 31, 1997, concerning the adoption of rules relating to the
3-6 recording of instruments or documents in real property or official
3-7 public records by electronic means. The recommendations:
3-8 (1) shall provide that accessibility by electronic
3-9 means shall be made with existing and generally accepted
3-10 technological systems; and
3-11 (2) may not require any proprietary cost or investment
3-12 expenses for accessibility by electronic means to any person who in
3-13 the normal course of business is responsible for presenting
3-14 instruments or documents for recording.
3-15 (h) If the advisory committee makes written recommendations
3-16 under this section, the Texas State Library and Archives Commission
3-17 may adopt rules to permit a county clerk to record instruments or
3-18 documents by electronic means in the real property or official
3-19 public records.
3-20 (i) If the Texas State Library and Archives Commission
3-21 adopts rules under Subsection (h), the county clerk may, in the
3-22 clerk's discretion, accept for recording by electronic means in
3-23 accordance with the rules an instrument or document eligible for
3-24 recording in the real property or official public records. The
3-25 county clerk who accepts an electronic filing under this subsection
3-26 must require that the original instrument or document also be filed
3-27 or that a paper copy of the instrument or document be generated by
4-1 that county clerk in order for the electronic filing to be
4-2 effective.
4-3 (j) If an instrument or document is recorded under
4-4 Subsection (i), the electronic filing is considered to have been
4-5 recorded in compliance with any law relating to the recording of
4-6 instruments or documents in the real property or official public
4-7 records as of the date of the receipt of the original paper
4-8 instrument or document or the generation of a paper copy of the
4-9 instrument or document. The county clerk shall maintain a paper,
4-10 microfilm, or optical image of the instrument or document under any
4-11 other applicable law other than this section.
4-12 (k) A county clerk shall collect filing fees as provided by
4-13 Section 118.011 and any other law for an instrument or document
4-14 filed under this section regardless of whether the original
4-15 instrument or document is also filed or a paper copy is generated
4-16 by the clerk. The clerk may not charge an additional fee for
4-17 recording an instrument under this section.
4-18 (l) The retention and other disposition of instruments or
4-19 documents recorded by electronic means and the original or paper
4-20 copies of the instruments or documents required by this section is
4-21 controlled by the rules adopted by the Texas State Library and
4-22 Archives Commission under Sections 203.048, 204.004, and 205.003 of
4-23 this code and Section 441.158, Government Code. An electronically
4-24 recorded instrument or document or an original or paper copy of the
4-25 instrument or document is a local government record under Section
4-26 201.003(8)(A).
4-27 (m) The advisory committee may make written recommendations
5-1 to the lieutenant governor, the speaker of the house of
5-2 representatives, and the Texas State Library and Archives
5-3 Commission on or before December 31, 1998, concerning the need for
5-4 any statutory changes relating to the recording of instruments or
5-5 documents by electronic means in the real property or official
5-6 public records.
5-7 (n) This section and any rules adopted under this section
5-8 expire January 1, 2000. On and after that date, an instrument or
5-9 document may not be recorded by electronic means unless allowed by
5-10 another law.
5-11 SECTION 2. Section 441.165, Government Code, is amended to
5-12 read as follows:
5-13 Sec. 441.165. CERTAIN COMMISSION RULES. Rules and any
5-14 revisions to the rules developed under Sections 203.048, 204.004,
5-15 [and] 205.003, and 205.010, Local Government Code, must be approved
5-16 by the local government records committee established under Section
5-17 441.161.
5-18 SECTION 3. The importance of this legislation and the
5-19 crowded condition of the calendars in both houses create an
5-20 emergency and an imperative public necessity that the
5-21 constitutional rule requiring bills to be read on three several
5-22 days in each house be suspended, and this rule is hereby suspended,
5-23 and that this Act take effect and be in force from and after its
5-24 passage, and it is so enacted.