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By: Madla S.B. No. 1559
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of certain personal information
filed with the county clerk in the real property records.
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 12-point boldface type or 12-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 DRIVERS LICENSE NUMBER,
OR YOUR PHONE NUMBER."
(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 the 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.
(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. All real property records and the information
therein, including the address or legal description of land, return
address, and name of parties, 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.
SECTION 2. This Act takes effect September 1, 2003.