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A BILL TO BE ENTITLED
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AN ACT
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relating to the acquisition or disclosure of the social security |
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number of a living person by a governmental body, including by a |
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district or county clerk. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 552.147, Government Code, is amended to |
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read as follows: |
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Sec. 552.147. [EXCEPTION:] SOCIAL SECURITY NUMBERS [NUMBER
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OF LIVING PERSON]. (a) The social security number of a living |
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person is excepted from the requirements of Section 552.021, but is |
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not confidential under this section and this section does not make |
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the social security number of a living person confidential under |
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another provision of this chapter or other law. |
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(b) A governmental body may redact the social security |
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number of a living person from any information the governmental |
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body discloses under Section 552.021 without the necessity of |
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requesting a decision from the attorney general under Subchapter G. |
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(c) Notwithstanding any other law, a county or district |
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clerk may disclose in the ordinary course of business a social |
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security number that is contained in information held by the |
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clerk's office, and that disclosure is not official misconduct and |
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does not subject the clerk to civil or criminal liability of any |
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kind under the law of this state, including any claim for damages in |
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a lawsuit or the criminal penalty imposed by Section 552.352. |
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(d) Unless another law requires a social security number to |
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be maintained in a government document, on written request from an |
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individual or the individual's representative the clerk shall |
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redact within a reasonable amount of time all but the last four |
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digits of the individual's social security number from information |
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maintained in the clerk's official public records, including |
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electronically stored information maintained by or under the |
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control of the clerk. The individual or the individual's |
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representative must identify, using a form provided by the clerk, |
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the specific document or documents from which the partial social |
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security number shall be redacted. |
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SECTION 2. Section 11.008, Property Code, is amended to |
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read as follows: |
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Sec. 11.008. PERSONAL [CONFIDENTIAL] INFORMATION IN REAL |
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PROPERTY RECORDS. (a) In this section, "instrument" means a deed |
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or deed of trust. |
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(b) An instrument submitted for recording is not required to |
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contain an individual's social security number, and the social |
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security number of an individual is not obtained or maintained by |
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the clerk under this section. The preparer of a document may not |
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include an individual's social security number in a document that |
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is presented for recording in the office of the county clerk. |
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(c) Notwithstanding Section 191.007(c), Local Government |
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Code, an instrument transferring an interest in real property to or |
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from an individual [and disclosing that individual's social
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security number or driver's license number] must include a notice |
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that appears on the top of the first page of the instrument in |
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12-point boldfaced type or 12-point uppercase letters and reads |
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substantially as follows: |
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL |
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PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING |
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INFORMATION FROM ANY [THIS] INSTRUMENT THAT TRANSFERS AN INTEREST |
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IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC |
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RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE |
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NUMBER. |
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(d) [(c)] The validity of an instrument as between the |
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parties to the instrument and the notice provided by the instrument |
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are not affected by a party's failure to include the notice required |
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under Subsection (c) [(b)]. |
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(e) [(d)] The county clerk may not under any circumstance |
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reject an instrument presented for recording solely because the |
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instrument fails to comply with this section. Other than the duty |
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to redact an individual's social security number as required by |
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Section 552.147, Government Code, the county clerk has no duty to |
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ensure that an instrument presented for recording does not contain |
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an individual's social security number. |
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(f) [(e)] The county clerk shall post a notice in the county |
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clerk's office stating that instruments recorded in the real |
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property or official public records or the equivalent of the real |
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property or official public records of the county: |
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(1) are not required to contain a social security |
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number or driver's license number; and |
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(2) are public records available for review by the |
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public. |
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(g) [(f)] All instruments described by this section are |
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subject to inspection by the public. The county clerk is not |
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criminally or civilly liable for disclosing an instrument or |
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information in an instrument in compliance with the public |
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information law (Chapter 552, Government Code) or another law. |
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(h) [(g)] Unless this section is cited in a law enacted |
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after September 1, 2003, this section is the exclusive law |
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governing the confidentiality of personal information contained in |
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the real property or official public records or the equivalent of |
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the real property or official public records of a county. |
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(i) [(h)] To the extent that federal law conflicts with this |
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section, an instrument must contain the information required by and |
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must be filed in a manner that complies with federal law. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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