1-1 By: Lindsay S.B. No. 969
1-2 (In the Senate - Filed March 8, 1999; March 9, 1999, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 6, 1999, reported favorably, as amended, by the
1-5 following vote: Yeas 5, Nays 0; April 6, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Lindsay
1-7 Amend S.B. No. 969 as follows:
1-8 (1) Strike page 1, line 49 through page 1, line 62, and
1-9 substitute the following:
1-10 (1) "Grantor" includes a person who:
1-11 (A) conveys or encumbers the title to property;
1-12 or
1-13 (B) makes a claim under a lis pendens, judgment,
1-14 notice of lien, order of sale, execution, writ of attachment, or
1-15 claim of property.
1-16 (2) "Grantee" includes a person:
1-17 (A) who is granted a conveyance or encumbrance
1-18 of property or an interest in property;
1-19 (B) who is the beneficiary or creditor under a
1-20 mortgage or other lien; or
1-21 (C) against whom a lis pendens, judgment, notice
1-22 of lien, order of sale, execution, writ of attachment, or claim of
1-23 property is placed on record.
1-24 (2) On page 2, line 12, strike "side" and substitute
1-25 "corner".
1-26 A BILL TO BE ENTITLED
1-27 AN ACT
1-28 relating to form specifications for recording certain legal
1-29 instruments.
1-30 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-31 SECTION 1. Subsection (b), Section 191.007, Local Government
1-32 Code, is amended to read as follows:
1-33 (b) A page is considered to be one side of a sheet of paper.
1-34 A page must:
1-35 (1) be a single sheet no wider than 8-1/2 inches and
1-36 no longer than 14 inches;
1-37 (2) have a sufficient weight and substance so that
1-38 printing, typing, or handwriting on it will not smear or bleed
1-39 through; and
1-40 (3) be printed in type not smaller than 10-point
1-41 [eight-point] type and be suitable otherwise for reproducing from
1-42 it a readable record by a photocopy or photostatic, [or]
1-43 microphotographic, or electronic imaging process used in the office
1-44 of the county clerk.
1-45 SECTION 2. Chapter 191, Local Government Code, is amended by
1-46 adding Section 191.0075 to read as follows:
1-47 Sec. 191.0075. ADDITIONAL SPECIFICATIONS FOR REAL PROPERTY
1-48 RECORDS; FEE FOR NONCOMPLIANCE. (a) In this section:
1-49 (1) "Grantor" includes a person:
1-50 (A) conveying or encumbering the title to
1-51 property; or
1-52 (B) against whom a lis pendens, judgment, notice
1-53 of lien, order of sale, execution, writ of attachment, or claim of
1-54 property is placed on record.
1-55 (2) "Grantee" includes a person who:
1-56 (A) is granted a conveyance or encumbrance of
1-57 property or an interest in property;
1-58 (B) is the beneficiary or creditor under a
1-59 mortgage or other lien; or
1-60 (C) makes a claim under a lis pendens, judgment,
1-61 notice of lien, order of sale, execution, writ of attachment, or
1-62 claim of property.
1-63 (b) The first page of an instrument presented to a county
2-1 clerk for recording in the Official Public Records of Real Property
2-2 shall:
2-3 (1) have margins that are:
2-4 (A) at least three inches on top;
2-5 (B) one inch on the bottom and sides; and
2-6 (C) free of printing, typing, and writing other
2-7 than form references, names, and dates, borders, graphics, file
2-8 numbers, parcel numbers, or names of parties filing the instrument;
2-9 and
2-10 (2) contain the following information, in the order
2-11 listed:
2-12 (A) on the top left-hand side of the page, the
2-13 name and address of the person to whom the original instrument will
2-14 be returned and, if applicable, the name of the title company or
2-15 law firm presenting the instrument for recording;
2-16 (B) the title of the instrument;
2-17 (C) the grantor's name, and if applicable,
2-18 reference to the instrument page number containing additional
2-19 grantor names;
2-20 (D) the grantee's name, and if applicable,
2-21 reference to the instrument page number containing additional
2-22 grantee names; and
2-23 (E) if applicable, one of the following:
2-24 (i) a legal description of the real
2-25 property;
2-26 (ii) a brief description of the real
2-27 property and reference to the instrument page number containing the
2-28 legal description; or
2-29 (iii) the county clerk's file number, film
2-30 code number, or volume, page, and book reference of the instrument
2-31 describing the real property.
2-32 (c) If an instrument presented for recording does not comply
2-33 with the requirements of Subsection (b) and the instrument is a
2-34 deed, deed of trust, mortgage, release, assignment, water district
2-35 notice, notice of restrictions, easement, option, or lease, the
2-36 person presenting the instrument:
2-37 (1) shall pay the penalty filing fee provided by
2-38 Subsection (h); and
2-39 (2) may not attach a cover sheet to the instrument.
2-40 (d) If an instrument presented for recording does not comply
2-41 with the requirements of Subsection (b) and the instrument is not a
2-42 deed, deed of trust, mortgage, release, assignment, water district
2-43 notice, notice of restrictions, easement, option, or lease, the
2-44 person presenting the instrument:
2-45 (1) must attach a cover sheet that:
2-46 (A) contains the information required by
2-47 Subsection (b);
2-48 (B) meets the requirements of Section
2-49 191.007(a); and
2-50 (C) is not required to be separately signed or
2-51 acknowledged; or
2-52 (2) shall pay the penalty filing fee provided by
2-53 Subsection (h).
2-54 (e) The county clerk may not charge the additional page fee
2-55 prescribed by Section 118.011(a)(2) for recording the cover sheet.
2-56 (f) An error in the cover sheet or recorder's index
2-57 information or the failure of the cover sheet or recorder's index
2-58 information to comply with this section does not affect the
2-59 validity or enforceability of, or notice imparted by, the
2-60 instrument.
2-61 (g) The county clerk may use the information required by
2-62 this section to generate a grantor-grantee index. However, the
2-63 validity or enforceability of, or notice imparted by, the
2-64 instrument shall be determined by the instrument.
2-65 (h) If the instrument does not comply with Subsection (b),
2-66 the county clerk shall charge a penalty filing fee of $1 for each
2-67 page, not to exceed $5.
2-68 (i) A federal tax lien, release of a federal tax lien, state
2-69 tax lien, release of a state tax lien, and standard financing
3-1 statement are exempt from the requirements of this section.
3-2 SECTION 3. This Act takes effect January 1, 2000.
3-3 SECTION 4. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended.
3-8 * * * * *