By: Krusee (Senate Sponsor - Ogden) H.B. No. 732
         (In the Senate - Received from the House April 10, 2007;
  April 11, 2007, read first time and referred to Committee on
  Jurisprudence; May 3, 2007, reported favorably by the following
  vote:  Yeas 4, Nays 0; May 3, 2007, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
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.
 
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