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.

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