1-1 By: Lucio S.B. No. 1195
1-2 (In the Senate - Filed March 11, 1997; March 17, 1997, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 24, 1997, reported favorably, as amended, by the following
1-5 vote: Yeas 7, Nays 0; April 24, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Ogden
1-7 Amend S.B. No. 1195 on page 2, lines 15-17, by striking "An
1-8 additional page fee of $2, as determined under Section
1-9 118.011(a)(2), shall be collected for recording the cover sheet."
1-10 and inserting "No additional page fee as determined under Section
1-11 118.011(a)(2) shall be collected for recording the cover sheet."
1-12 A BILL TO BE ENTITLED
1-13 AN ACT
1-14 relating to form specifications for the recording of certain legal
1-15 instruments.
1-16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-17 SECTION 1. Subsection (b), Section 191.007, Local Government
1-18 Code, is amended to read as follows:
1-19 (b) A page is considered to be one side of a sheet of paper.
1-20 A page must:
1-21 (1) be a single sheet no wider than 8 1/2 inches and
1-22 no longer than 14 inches;
1-23 (2) have at the top, bottom, and sides at least a
1-24 one-inch margin unless specified otherwise in this chapter;
1-25 (3) have a sufficient weight and substance so that
1-26 printing, typing, or handwriting on it will not smear or bleed
1-27 through; and
1-28 (4) [(3)] be printed in type not smaller than
1-29 eight-point type and be suitable otherwise for reproducing from it
1-30 a readable record by a photocopy or photostatic or
1-31 microphotographic process or electronic imaging used in the office
1-32 of the county clerk.
1-33 SECTION 2. Chapter 191, Local Government Code, is amended by
1-34 adding Section 191.009 to read as follows:
1-35 Sec. 191.009. RECORDER'S INDEX INFORMATION. (a) When any
1-36 instrument is presented to a county clerk for recording in the
1-37 official public records of real property, the first page of the
1-38 instrument shall have a top margin of at least three inches and a
1-39 one-inch margin on the bottom and sides and contain the following
1-40 information, in the order indicated:
1-41 (1) on the top left-hand side of the page, the name
1-42 and address of the person to whom the original instrument will be
1-43 returned and, if applicable, the name of the title company or law
1-44 firm requesting the instrument to be filed;
1-45 (2) the title of the instrument;
1-46 (3) the name of the grantor, with reference to the
1-47 instrument page number where additional names are to be found, if
1-48 applicable, provided that, for the purpose of this section, the
1-49 term "grantor" includes any person conveying or encumbering the
1-50 title to any property or any person against whom any lis pendens,
1-51 judgment, notice of lien, order of sale, execution, writ of
1-52 attachment, or claim of property shall be placed on record;
1-53 (4) the name of the grantee, with reference to the
1-54 instrument page number where additional names are to be found, if
1-55 applicable, provided that, for the purpose of this section, the
1-56 term "grantee" includes any person granted or receiving a
1-57 conveyance or encumbrance of the property or an interest in the
1-58 property, the beneficiary or creditor under or in a mortgage or
1-59 other lien, the person who makes a claim under or as reflected by a
1-60 lis pendens, judgment, notice of lien, order of sale, execution,
1-61 writ of attachment, or claim of property; and
1-62 (5) one of the following, if applicable:
1-63 (A) a legal description of the real property;
1-64 (B) a brief description of the real property and
2-1 reference to the instrument page number where the full legal
2-2 description is included; or
2-3 (C) the county clerk's file number, film code
2-4 number, or volume, page, and book reference of the instrument
2-5 describing the real property.
2-6 (b) If an instrument presented for recording does not
2-7 contain the information required by Subsection (a) and the
2-8 instrument is not a deed, deed of trust, mortgage, release,
2-9 assignment, water district notice, notice of restrictions,
2-10 easement, option, or lease, the person preparing the instrument for
2-11 recording shall prepare a cover sheet. The cover sheet must be
2-12 attached to the instrument and must contain the information
2-13 required by Subsection (a) and meet the requirements prescribed by
2-14 Section 191.007(a). An additional page fee of $2, as determined
2-15 under Section 118.011(a)(2), shall be collected for recording the
2-16 cover sheet. Any errors in the cover sheet or recorder's index
2-17 information or failure of the cover sheet or recorder's index
2-18 information to comply with this section shall not affect the
2-19 validity or enforceability of, or notice imparted by, the
2-20 instrument. The cover sheet need not be separately signed or
2-21 acknowledged. The county clerk may rely on the information
2-22 required by this section to generate a grantor-grantee index;
2-23 however, the validity or enforceability of, or notice imparted by,
2-24 the instrument shall be determined by the instrument.
2-25 (c) The county clerk shall charge a penalty filing fee equal
2-26 to the greater of $25 or twice the statutory recording fee for any
2-27 instrument presented for recording in the official public records
2-28 of real property that does not comply with Subsections (a) and (b).
2-29 (d) The only instruments exempt from the provisions of this
2-30 section are federal tax liens, release of federal tax liens, state
2-31 tax liens, release of state tax liens, and standard financing
2-32 statements.
2-33 SECTION 3. This Act takes effect January 1, 1998.
2-34 SECTION 4. The importance of this legislation and the
2-35 crowded condition of the calendars in both houses create an
2-36 emergency and an imperative public necessity that the
2-37 constitutional rule requiring bills to be read on three several
2-38 days in each house be suspended, and this rule is hereby suspended.
2-39 * * * * *