By Chisum H.B. No. 1877
75R7507 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creation of an Electronic Recording Task force and to
1-3 certain electronic recording.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 194, Local Government Code, is amended by
1-6 adding Section 194.003 to read as follows:
1-7 Section 194.003. Electronic Recording. (a) An Electronic
1-8 Recording Task Force shall consist of thirteen (13) members:
1-9 (1) four (4) persons selected by The County and
1-10 District Clerks Association of Texas;
1-11 (2) four (4) persons selected by the Texas Land Title
1-12 Association;
1-13 (3) two (2) electronic or computer vendors selected by
1-14 The County and District Clerks Association of Texas;
1-15 (4) two (2) electronic or computer vendors selected by
1-16 the Texas Land Title Association; and
1-17 (5) the Chair of the Electronic Recording Task Force,
1-18 who shall be the Executive Director of the Texas State Library and
1-19 Archives Commission.
1-20 Notice of the selection of the members of the Electronic Recording
1-21 Task Force shall be provided to the Texas State Library and
1-22 Archives Commission on or before September 1, 1997. If any member
1-23 of the Task Force resigns, fails or refuses to serve, or is unable
1-24 to serve for any reason, the Association that selected the original
2-1 member shall select the replacement.
2-2 (b) The Electronic Recording Task Force may make written
2-3 recommendations to the Texas State Library and Archives Commission
2-4 on or before December 31, 1997 for Electronic Recording Rules
2-5 relating to the filing and recording of instruments in the public
2-6 records of the County and/or District Clerk. The written
2-7 recommendations of the Electronic Recording Task Force must be
2-8 approved by ten (10) or more of its members. If the Electronic
2-9 Recording Task Force makes written recommendations, the Texas State
2-10 Library and Archives Commission may adopt Electronic Recording
2-11 Rules. The written recommendations and the Electronic Recording
2-12 Rules may relate to all or a portion of public records, including
2-13 real property records.
2-14 (c) Definitions:
2-15 (1) For purposes of this Section, "Electronic
2-16 Recording Rules" means rules for transmission, filing, and
2-17 retention of instruments filed electronically or by use of other
2-18 technological means.
2-19 (2) For purposes of this Section, "public records"
2-20 means the records maintained by a county clerk or district clerk.
2-21 (d) The Electronic Recording Task Force may make written
2-22 recommendations on or before December 31, 1998 for adoption of laws
2-23 relating to electronic filing of instruments in the public records.
2-24 The written recommendations of the Electronic Recording Task Force
2-25 must be approved by ten (10) or more of its members.
2-26 (e) If the Texas State Library and Archives Commission
2-27 adopts Electronic Recording Rules, the county clerk or district
3-1 clerk may, in his or her sole discretion, accept for recording, in
3-2 lieu of a written instrument or document eligible for recording in
3-3 the public records which are subject to the Electronic Recording
3-4 Rules, an instrument which is transmitted for filing electronically
3-5 in accordance with the Electronic Recording Rules, provided the
3-6 original instrument or document is eligible for recordation under
3-7 applicable law. If the instrument is electronically recorded by
3-8 the county or district clerk, the instrument shall be conclusively
3-9 presumed to comply with the Electronic Recording Rules. Unless the
3-10 electronic duplication of the instrument evidences the failure of
3-11 the original instrument to comply with applicable law for
3-12 recordation of instruments, the instrument shall be presumed to
3-13 comply with that law.
3-14 (f) The county clerk or district clerk who accepts
3-15 electronic filing of instruments pursuant to the Electronic
3-16 Recording Rules adopted by the Texas State Library and Archives
3-17 Commission must require that original or duplicate paper
3-18 instruments also be filed in order for the electronic filing to be
3-19 effective and must maintain a paper, optical image or microfilm
3-20 copy of the instruments pursuant to applicable law other than this
3-21 section as public records. The applicable filing fees shall be
3-22 paid for the filing of the original or duplicate paper instruments
3-23 and no additional filing fee may be charged for the electronic
3-24 filing of instruments. The county clerk or district clerk who
3-25 accepts electronic filing of instruments pursuant to the Electronic
3-26 Recording Rules adopted by the Texas State Library and Archives
3-27 Commission must make available to the public upon request for
4-1 review and/or copying promptly after recordation any instrument or
4-2 document that is filed with the county clerk or district clerk
4-3 pursuant to the Electronic Recording Rules and relevant statutes.
4-4 (g) This chapter applies, to the extent feasible, to the
4-5 electronic data storage process, the electronic technology used in
4-6 that process, and the records stored by that process pursuant to
4-7 the Electronic Recording Rules in a manner equivalent to the manner
4-8 in which this chapter applies to a microfilm process, the film used
4-9 in that process, and the records stored by that process.
4-10 (h) Any instrument filed pursuant to the Electronic
4-11 Recording Rules adopted by the Texas State Library and Archives
4-12 Commission shall be considered recorded and a public record.
4-13 (i) This Section shall not apply to instruments or documents
4-14 filed with the county clerk or district clerk after December 31,
4-15 1999 and shall expire on January 1, 2000.
4-16 SECTION 2. This Act takes effect immediately.
4-17 SECTION 3. The importance of this legislation and the
4-18 crowded condition of the calendars in both houses create an
4-19 emergency and an imperative public necessity that the
4-20 constitutional rule requiring bills to be read on three several
4-21 days in each house be suspended, and this rule is hereby suspended.