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A BILL TO BE ENTITLED
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AN ACT
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relating to the effect of electronic or original signatures in |
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certain documents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.004(a), Property Code, is amended to |
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read as follows: |
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(a) A county clerk shall: |
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(1) correctly record, as required by law, within a |
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reasonable time after delivery, any instrument authorized or |
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required to be recorded in that clerk's office that contains an |
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original signature or signatures that are [is] proved, |
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acknowledged, or sworn to according to law, provided that an |
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original signature or signatures may not be required for an |
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electronic document or other instrument that complies with the |
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requirements of Chapter 15 of this code, Chapter 195, Local |
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Government Code, or Chapter 43, Business & Commerce Code; |
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(2) give a receipt, as required by law, for an |
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instrument delivered for recording; |
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(3) record instruments relating to the same property |
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in the order the instruments are filed; and |
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(4) provide and keep in the clerk's office the indexes |
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required by law. |
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SECTION 2. Section 12.001(a), Property Code, is amended to |
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read as follows: |
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(a) An instrument concerning real or personal property may |
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be recorded if the original signature or signatures contained in |
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the instrument have [it has] been acknowledged, sworn to with a |
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proper jurat, or proved according to law, provided that an original |
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signature or signatures may not be required for an electronic |
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document or other instrument that complies with the requirements of |
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Chapter 15 of this code, Chapter 195, Local Government Code, or |
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Chapter 43, Business & Commerce Code. |
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SECTION 3. Section 193.001(c), Local Government Code, is |
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amended to read as follows: |
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(c) If an instrument that contains an original signature or |
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signatures and that is filed for recording is acknowledged or |
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proved in the manner prescribed by law for record, the clerk shall |
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make a record of the names of the parties to the instrument in |
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alphabetical order, the date of the instrument, the nature of the |
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instrument, and the time that the instrument was filed, provided |
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that an original signature or signatures may not be required for an |
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electronic document or other instrument that complies with the |
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requirements of Chapter 15 of this code, Chapter 195, Local |
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Government Code, or Chapter 43, Business & Commerce Code. If |
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required, the clerk shall give the person who files the instrument a |
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receipt stating this information. |
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SECTION 4. Section 195.007(b), Local Government Code, is |
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amended to read as follows: |
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(b) The county clerk shall provide a requestor, as defined |
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by Section 552.003, Government Code, of an electronic document or |
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other instrument filed or recorded electronically under this |
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chapter with electronic copies of the electronic document or other |
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instrument in a form that is capable of being processed by the use |
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of technology that is generally available and nonproprietary in |
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nature. The county clerk shall provide the copies to the requestor |
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at the cost of producing the copies in accordance with Section |
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552.262, Government Code, and any applicable rules adopted by the |
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attorney general under that section. |
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SECTION 5. The changes in law made by Sections 11.004(a) and |
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12.001(a), Property Code, and Section 193.001(c), Local Government |
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Code, as amended by this Act, apply only to an instrument filed or |
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recorded on or after the effective date of this Act. An instrument |
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filed or recorded before the effective date of this Act is governed |
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by the law in effect at the time the instrument was filed and |
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recorded, and that law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |