By: Lewis H.B. No. 2930
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of certain personal information in
real property records filed with the county clerk.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 11, Property Code, is amended by adding
Section 11.008 to read as follows:
Sec. 11.008. CONFIDENTIAL INFORMATION IN REAL PROPERTY
RECORDS. (a) An instrument executed after December 31, 2003,
transferring an interest in real property from or to a natural
person may not be filed for record unless a notice appears on the
first page of the instrument in 10-point boldface type or 10-point
uppercase letters and that reads substantially similar to the
following:
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER, YOUR DRIVER LICENSE NUMBER, YOUR LOAN
ACCOUNT NUMBER, YOUR HOME ADDRESS, OR THE NAME OF ANY MEMBER OF YOUR
FAMILY WHO IS NOT A PARTY TO OR BENEFICIARY OF THIS INSTRUMENT.
(b) 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 this instrument.
(c) 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) This section shall not apply to any instrument to the
extent federal law provides otherwise.
(e) The county clerk shall 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, and that instruments
filed for record in the real property records are public records
available for review by members of the public. The county clerk may
reject for filing any such instrument prior to the acceptance of the
instrument at the office for filing.
(f) Unless this section is expressly mentioned in laws
enacted after the effective date hereof, these provisions shall be
the sole provisions relating to confidentiality of the real
property records, and all real property records shall be available
for review by the public or any person.
(g) For purposes of this section, an instrument is a deed,
mortgage or deed of trust, and a home address is a specific
identification of a home location by name of street and applicable
digits, but does not include any legal description or adjoinder
calls of the land.
SECTION 2. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.