| |
| |
| |
|
|
AN ACT
|
|
|
relating to recording requirements for certain documents. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 12, Property Code, is amended by adding |
|
|
Section 12.0011 to read as follows: |
|
|
Sec. 12.0011. INSTRUMENTS CONCERNING PROPERTY: ORIGINAL |
|
|
SIGNATURE REQUIRED FOR CERTAIN INSTRUMENTS. (a) For the purposes |
|
|
of this section, "paper document" means a document received by a |
|
|
county clerk in a form that is not electronic. |
|
|
(b) A paper document concerning real or personal property |
|
|
may not be recorded or serve as notice of the paper document unless: |
|
|
(1) the paper document contains an original signature |
|
|
or signatures that are acknowledged, sworn to with a proper jurat, |
|
|
or proved according to law; or |
|
|
(2) the paper document is attached as an exhibit to a |
|
|
paper affidavit or other document that has an original signature or |
|
|
signatures that are acknowledged, sworn to with a proper jurat, or |
|
|
proved according to law. |
|
|
(c) An original signature may not be required for an |
|
|
electronic instrument or other document that complies with the |
|
|
requirements of Chapter 15 of this code, Chapter 195, Local |
|
|
Government Code, Chapter 43, Business & Commerce Code, or other |
|
|
applicable law. |
|
|
SECTION 2. The changes in law made by this Act apply only to |
|
|
a document filed or recorded on or after the effective date of this |
|
|
Act. A document filed or recorded before the effective date of this |
|
|
Act is governed by the law in effect at the time the document was |
|
|
filed or recorded, and that law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 732 was passed by the House on April |
|
|
5, 2007, by the following vote: Yeas 136, Nays 0, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 732 was passed by the Senate on May 8, |
|
|
2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |