SRC-JEC, MSY S.B. 1559 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1559
By: Madla
Intergovernmental Relations
6/23/2003
Enrolled


DIGEST AND PURPOSE 

Current law does not specify what kinds of information filed in the real
property records in a county clerk's office can be removed from the
instrument prior to filing.  S.B. 1559 provides for the eventual
elimination of certain personal information from the public record in
certain documents, and requires instruments to carry a notice informing a
person filing the instrument that the person may strike certain
information from the instrument prior to its filing in the public record. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 11, Property Code, by adding Section 11.008, as
follows: 

Sec.  11.008.  CONFIDENTIAL INFORMATION IN REAL PROPERTY RECORDS.  (a)
Defines "instrument." 
 
(b)  Prohibits a certain instrument transferring an interest in real
property to or  from an individual from being recorded unless a certain
notice appears on the first page of the instrument that notifies the
person filing the instrument that it is permissible to strike certain
information from the instrument before it is filed in the public records. 

(c)  Provides that the validity of an instrument as between the parties to
the instrument and the notice provided by the instrument are not affected
by a party's failure to include the notice required under Subsection (b). 

(d)  Prohibits the county clerk from rejecting an instrument presented for
recording because the instrument contains or fails to contain a social
security number or driver's license number.  Provides that if a county
clerk accepts an instrument for recording, the recording of the instrument
creates a conclusive presumption that the requirements of this section
have been met. 

(e)  Requires the county clerk to post a notice in the county clerk's
office stating that instruments recorded in the real property or official
public records or the equivalent of the real property or official public
records of the county and executed on or after January 1, 2004, are not
required to contain a social security number or driver license number, and
are public records available for review by the public. 

(f)  Provides that all instruments recorded under this section are subject
to inspection by the public. 

(g)  Provides that, unless this section is cited in a law enacted after
September 1, 2003,  this section is the exclusive law governing the
confidentiality of personal information contained in the real property or
official public records or the equivalent of the real property or official
public records of a county. 

(h)  Provides that, to the extent that federal law conflicts with this
section, an instrument must contain the information required by and must
be filed in a manner that complies with federal law. 

SECTION  2.  Amends Section 13.002, Property Code, to make a conforming
change. 

SECTION 3.  Effective date:  September 1, 2003.
            Makes application of this Act prospective to January 1, 2004.