79R2077 KCR-F

By:  Hartnett                                                     H.B. No. 1187



A BILL TO BE ENTITLED

AN ACT

relating to the Uniform Real Property Electronic Recording Act.               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 3, Property Code, is amended by adding 
Chapter 15 to read as follows:

CHAPTER 15.  UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT
	Sec. 15.001.  SHORT TITLE.  This chapter may be cited as the 
Uniform Real Property Electronic Recording Act.
	Sec. 15.002.  DEFINITIONS.  In this chapter:                            
		(1)  "Document" means information that is:                             
			(A)  inscribed on a tangible medium or that is 
stored in an electronic or other medium and is retrievable in 
perceivable form; and
			(B)  eligible to be recorded in the real property 
records maintained by a county clerk.
		(2)  "Electronic" means relating to technology having 
electrical, digital, magnetic, wireless, optical, electromagnetic, 
or similar capabilities.
		(3)  "Electronic document" means a document that is 
received by a county clerk in an electronic form.
		(4)  "Electronic signature" means an electronic sound, 
symbol, or process attached to or logically associated with a 
document and executed or adopted by a person with the intent to sign 
the document.
		(5)  "Paper document" means a document that is received 
by a county clerk in a form that is not electronic.
	Sec. 15.003.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  
In applying and construing this chapter, consideration must be 
given to the need to promote uniformity of the law with respect to 
the subject matter of this chapter among states that enact a law 
substantially similar to this chapter.
	Sec. 15.004.  VALIDITY OF ELECTRONIC DOCUMENTS.  (a)  If a 
law requires, as a condition for recording, that a document be an 
original, be on paper or another tangible medium, or be in writing, 
the requirement is satisfied by an electronic document that 
complies with the requirements of this chapter.
	(b)  If a law requires, as a condition for recording, that a 
document be signed, the requirement is satisfied by an electronic 
signature.
	(c)  A requirement that a document or a signature associated 
with a document be notarized, acknowledged, verified, witnessed, or 
made under oath is satisfied if the electronic signature of the 
person authorized to perform that act, and all other information 
required to be included, is attached to or logically associated 
with the document or signature. A physical or electronic image of a 
stamp, impression, or seal need not accompany an electronic 
signature.
	Sec. 15.005.  RECORDING OF DOCUMENTS.  (a)  A county clerk 
who implements any of the functions described by this section shall 
act in compliance with standards established by the Department of 
Information Resources under Section 15.006.
	(b)  A county clerk may:                                                
		(1)  receive, index, store, archive, and transmit 
electronic documents;
		(2)  provide for access to, and for search and 
retrieval of, documents and information by electronic means;
		(3)  convert paper documents accepted for recording 
into electronic form;
		(4)  convert into electronic form information recorded 
before the county clerk began to record electronic documents;
		(5)  accept electronically any fee or tax that the 
county clerk is authorized to collect; and
		(6)  agree with other officials of a state, a political 
subdivision of a state, or the United States on procedures or 
processes to facilitate the electronic satisfaction of prior 
approvals and conditions precedent to recording and the electronic 
payment of fees and taxes.
	(c)  A county clerk who accepts electronic documents for 
recording shall:
		(1)  continue to accept paper documents; and                           
		(2)  place entries for paper documents and electronic 
documents in the same index.
	Sec. 15.006.  UNIFORM STANDARDS.  (a)  The Department of 
Information Resources shall adopt standards to implement this 
chapter.
	(b)  To keep the standards and practices of county clerks in 
this state in harmony with the standards and practices of recording 
offices in other jurisdictions that enact a law that is 
substantially similar to this chapter and to keep the technology 
used by county clerks in this state compatible with technology used 
by recording offices in other jurisdictions that enact a law that is 
substantially similar to this chapter, the Department of 
Information Resources, so far as is consistent with the purposes, 
policies, and provisions of this chapter, in adopting, amending, 
and repealing standards shall consider:
		(1)  standards and practices of other jurisdictions;                   
		(2)  the most recent standards promulgated by national 
standard-setting bodies, such as the Property Records Industry 
Association;
		(3)  the views of interested persons and governmental 
officials and entities; and
		(4)  the needs of counties of varying size, population, 
and resources.
	Sec. 15.007.  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL 
AND NATIONAL COMMERCE ACT.  This chapter modifies, limits, and 
supersedes the federal Electronic Signatures in Global and National 
Commerce Act (15 U.S.C. Section 7001, et seq.) but does not modify, 
limit, or supersede Section 101(c) of that act (15 U.S.C. Section 
7001(c)) or authorize electronic delivery of any of the notices 
described in Section 103(b) of that act (15 U.S.C. Section 
7003(b)).
	SECTION 2.  The change in law made by this Act applies only 
to a document that is filed for recording on or after the effective 
date of this Act.  A document that is filed for recording before the 
effective date of this Act is covered by the law in effect at the 
time the document was filed, and that law is continued in effect for 
that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.