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A BILL TO BE ENTITLED
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AN ACT
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relating to recording requirements for certain documents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 12, Property Code, is amended by adding |
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Section 12.0011 to read as follows: |
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Sec. 12.0011. INSTRUMENTS CONCERNING PROPERTY: ORIGINAL |
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SIGNATURE REQUIRED FOR CERTAIN INSTRUMENTS. (a) For the purposes |
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of this section, "paper document" means a document received by a |
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county clerk in a form that is not electronic. |
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(b) A paper document concerning real or personal property |
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may not be recorded or serve as notice of the paper document unless: |
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(1) the paper document contains an original signature |
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or signatures that are acknowledged, sworn to with a proper jurat, |
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or proved according to law; or |
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(2) the paper document is attached as an exhibit to a |
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paper affidavit or other document that has an original signature or |
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signatures that are acknowledged, sworn to with a proper jurat, or |
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proved according to law. |
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(c) An original signature may not be required for an |
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electronic instrument or other document that complies with the |
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requirements of Chapter 15 of this code, Chapter 195, Local |
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Government Code, Chapter 43, Business & Commerce Code, or other |
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applicable law. |
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SECTION 2. The changes in law made by this Act apply only to |
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a document filed or recorded on or after the effective date of this |
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Act. A document filed or recorded before the effective date of this |
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Act is governed by the law in effect at the time the document was |
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filed or recorded, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |