By: Lindsay S.B. No. 969
A BILL TO BE ENTITLED
AN ACT
1-1 relating to form specifications for recording 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 a sufficient weight and substance so that
1-11 printing, typing, or handwriting on it will not smear or bleed
1-12 through; and
1-13 (3) be printed in type not smaller than 10-point
1-14 [eight-point] type and be suitable otherwise for reproducing from
1-15 it a readable record by a photocopy or photostatic, [or]
1-16 microphotographic, or electronic imaging process used in the office
1-17 of the county clerk.
1-18 SECTION 2. Chapter 191, Local Government Code, is amended by
1-19 adding Section 191.0075 to read as follows:
1-20 Sec. 191.0075. ADDITIONAL SPECIFICATIONS FOR REAL PROPERTY
1-21 RECORDS; FEE FOR NONCOMPLIANCE. (a) In this section:
1-22 (1) "Grantor" includes a person who:
1-23 (A) conveys or encumbers the title to property;
1-24 or
2-1 (B) makes a claim under a lis pendens, judgment,
2-2 notice of lien, order of sale, execution, writ of attachment, or
2-3 claim of property.
2-4 (2) "Grantee" includes a person:
2-5 (A) who is granted a conveyance or encumbrance
2-6 of property or an interest in property;
2-7 (B) who is the beneficiary or creditor under a
2-8 mortgage or other lien; or
2-9 (C) against whom a lis pendens, judgment, notice
2-10 of lien, order of sale, execution, writ of attachment, or claim of
2-11 property is placed on record.
2-12 (b) The first page of an instrument presented to a county
2-13 clerk for recording in the Official Public Records of Real Property
2-14 shall:
2-15 (1) have margins that are:
2-16 (A) at least three inches on top;
2-17 (B) one inch on the bottom and sides; and
2-18 (C) free of printing, typing, and writing other
2-19 than form references, names, and dates, borders, graphics, file
2-20 numbers, parcel numbers, or names of parties filing the instrument;
2-21 and
2-22 (2) contain the following information, in the order
2-23 listed:
2-24 (A) on the top left-hand corner of the page, the
2-25 name and address of the person to whom the original instrument will
2-26 be returned and, if applicable, the name of the title company or
3-1 law firm presenting the instrument for recording;
3-2 (B) the title of the instrument;
3-3 (C) the grantor's name, and if applicable,
3-4 reference to the instrument page number containing additional
3-5 grantor names;
3-6 (D) the grantee's name, and if applicable,
3-7 reference to the instrument page number containing additional
3-8 grantee names; and
3-9 (E) if applicable, one of the following:
3-10 (i) a legal description of the real
3-11 property;
3-12 (ii) a brief description of the real
3-13 property and reference to the instrument page number containing the
3-14 legal description; or
3-15 (iii) the county clerk's file number, film
3-16 code number, or volume, page, and book reference of the instrument
3-17 describing the real property.
3-18 (c) If an instrument presented for recording does not comply
3-19 with the requirements of Subsection (b) and the instrument is a
3-20 deed, deed of trust, mortgage, release, assignment, water district
3-21 notice, notice of restrictions, easement, option, or lease, the
3-22 person presenting the instrument:
3-23 (1) shall pay the penalty filing fee provided by
3-24 Subsection (h); and
3-25 (2) may not attach a cover sheet to the instrument.
3-26 (d) If an instrument presented for recording does not comply
4-1 with the requirements of Subsection (b) and the instrument is not a
4-2 deed, deed of trust, mortgage, release, assignment, water district
4-3 notice, notice of restrictions, easement, option, or lease, the
4-4 person presenting the instrument:
4-5 (1) must attach a cover sheet that:
4-6 (A) contains the information required by
4-7 Subsection (b);
4-8 (B) meets the requirements of Section
4-9 191.007(a); and
4-10 (C) is not required to be separately signed or
4-11 acknowledged; or
4-12 (2) shall pay the penalty filing fee provided by
4-13 Subsection (h).
4-14 (e) The county clerk may not charge the additional page fee
4-15 prescribed by Section 118.011(a)(2) for recording the cover sheet.
4-16 (f) An error in the cover sheet or recorder's index
4-17 information or the failure of the cover sheet or recorder's index
4-18 information to comply with this section does not affect the
4-19 validity or enforceability of, or notice imparted by, the
4-20 instrument.
4-21 (g) The county clerk may use the information required by
4-22 this section to generate a grantor-grantee index. However, the
4-23 validity or enforceability of, or notice imparted by, the
4-24 instrument shall be determined by the instrument.
4-25 (h) If the instrument does not comply with Subsection (b),
4-26 the county clerk shall charge a penalty filing fee of $1 for each
5-1 page, not to exceed $5.
5-2 (i) A federal tax lien, release of a federal tax lien, state
5-3 tax lien, release of a state tax lien, and standard financing
5-4 statement are exempt from the requirements of this section.
5-5 SECTION 3. This Act takes effect January 1, 2000.
5-6 SECTION 4. The importance of this legislation and the
5-7 crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended.