By: Lucio S.B. No. 1195
97S0434/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to form specifications for the recording of certain legal
1-2 instruments.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 191.007, Local Government
1-5 Code, is amended to read as follows:
1-6 (b) A page is considered to be one side of a sheet of paper.
1-7 A page must:
1-8 (1) be a single sheet no wider than 8 1/2 inches and
1-9 no longer than 14 inches;
1-10 (2) have at the top, bottom, and sides at least a
1-11 one-inch margin unless specified otherwise in this chapter;
1-12 (3) have a sufficient weight and substance so that
1-13 printing, typing, or handwriting on it will not smear or bleed
1-14 through; and
1-15 (4) [(3)] be printed in type not smaller than
1-16 eight-point type and be suitable otherwise for reproducing from it
1-17 a readable record by a photocopy or photostatic or
1-18 microphotographic process or electronic imaging used in the office
1-19 of the county clerk.
1-20 SECTION 2. Chapter 191, Local Government Code, is amended by
1-21 adding Section 191.009 to read as follows:
1-22 Sec. 191.009. RECORDER'S INDEX INFORMATION. (a) When any
1-23 instrument is presented to a county clerk for recording in the
2-1 official public records of real property, the first page of the
2-2 instrument shall have a top margin of at least three inches and a
2-3 one-inch margin on the bottom and sides and contain the following
2-4 information, in the order indicated:
2-5 (1) on the top left-hand side of the page, the name
2-6 and address of the person to whom the original instrument will be
2-7 returned and, if applicable, the name of the title company or law
2-8 firm requesting the instrument to be filed;
2-9 (2) the title of the instrument;
2-10 (3) the name of the grantor, with reference to the
2-11 instrument page number where additional names are to be found, if
2-12 applicable, provided that for the purpose of this section, the term
2-13 "grantor" includes any person conveying or encumbering the title to
2-14 any property, or any person against whom any lis pendens, judgment,
2-15 notice of lien, order of sale, execution, writ of attachment, or
2-16 claim of property shall be placed on record;
2-17 (4) the name of the grantee, with reference to the
2-18 instrument page number where additional names are to be found, if
2-19 applicable, provided that for the purpose of this section, the term
2-20 "grantee" includes any person granted or receiving a conveyance or
2-21 encumbrance of the property or an interest in the property, the
2-22 beneficiary or creditor under or in a mortgage or other lien, the
2-23 person who makes a claim under or as reflected by a lis pendens,
2-24 judgment, notice of lien, order of sale, execution, writ of
2-25 attachment, or claim of property; and
3-1 (5) one of the following, if applicable:
3-2 (A) a legal description of the real property;
3-3 (B) a brief description of the real property and
3-4 reference to the instrument page number where the full legal
3-5 description is included; or
3-6 (C) the county clerk's file number, film code
3-7 number, or volume, page, and book reference of the instrument
3-8 describing the real property.
3-9 (b) If an instrument presented for recording does not
3-10 contain the information required by Subsection (a) and the
3-11 instrument is not a deed, deed of trust, mortgage, release,
3-12 assignment, water district notice, notice of restrictions,
3-13 easement, option, or lease, the person preparing the instrument for
3-14 recording shall prepare a cover sheet. The cover sheet must be
3-15 attached to the instrument and must contain the information
3-16 required by Subsection (a) and meet the requirements prescribed by
3-17 Section 191.007(a). An additional page fee of $2, as determined
3-18 under Section 118.011(2), shall be collected for recording the
3-19 cover sheet. Any errors in the cover sheet or recorder's index
3-20 information or failure of the cover sheet or recorder's index
3-21 information to comply with this section shall not affect the
3-22 validity or enforceability of, or notice imparted by, the
3-23 instrument. The cover sheet need not be separately signed or
3-24 acknowledged. The county clerk may rely on the information
3-25 required by this section to generate a grantor-grantee index;
4-1 however, the validity or enforceability of, or notice imparted by,
4-2 the instrument shall be determined by the instrument.
4-3 (c) The county clerk shall charge a penalty filing fee equal
4-4 to the greater of $25 or twice the statutory recording fee for any
4-5 instrument presented for recording in the official public records
4-6 of real property that does not comply with Subsections (a) and (b).
4-7 (d) The only instruments exempt from the provisions of this
4-8 section are federal tax liens, release of federal tax liens, state
4-9 tax liens, release of state tax liens, and standard financing
4-10 statements.
4-11 SECTION 3. This Act takes effect January 1, 1998.
4-12 SECTION 4. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended.