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


Senate Research Center   S.B. 1559
By: Madla
Intergovernmental Relations
3/31/2003
As Filed


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.  As proposed, 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)
Prohibits a certain instrument transferring an interest in real property
from or to a natural person from being filed for record 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. 

(b)  Provides that the validity of a conveyance or other instrument as
between the parties and the notice imparted by the instrument are not
affected by a failure to include the notice in compliance with this
section on the first page of the instrument. 

(c)  Provides that acceptance of the instrument by the county clerk for
filing and recording creates a conclusive presumption that the
requirements of this section have been met. 

(d)  Prohibits this section from applying to any instrument to the extent
that federal law provides otherwise. 

(e)  Requires the county clerk to post a notice in the county clerk's
office stating that instruments filed in the real property records and
executed after December 31, 2003, may not contain a social security number
or driver license (sic), and that instruments filed for record in the real
property records are public records available for review by the public. 

(f)  Provides that these provisions shall be the sole provisions relating
to confidentiality of the real property records, unless this section is
expressly mentioned in laws enacted after the effective date hereof.
Requires all real property records and the information therein to be
available for review by the public or any person. 


 (g)  Provides that an instrument is a deed, mortgage, or deed or trust
for the purposes of this section. 

SECTION 2.  Effective date:  September 1, 2003.