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A BILL TO BE ENTITLED
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AN ACT
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relating to the recording by a county clerk of certain documents |
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concerning real or personal property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 193.003(b), Local Government Code, is |
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amended to read as follows: |
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(b) The index must be a cross-index that contains the names |
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of the grantors and grantees in alphabetical order. If a deed is |
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made by a sheriff, the index entry must contain the name of the |
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sheriff and the defendant in execution. If a deed is made by an |
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executor, administrator, or guardian, the index entry must contain |
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the name of that person and the name of the person's testator, |
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intestate, or ward. If a deed is made by an attorney, the index |
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entry must contain the name of the attorney and the attorney's |
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constituents. If a deed is made by a commissioner or trustee, the |
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index entry must contain the name of the commissioner or trustee and |
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the name of the person whose estate is conveyed. The index entry |
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for a correction instrument must contain the names of the grantors |
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and grantees as stated in the correction instrument. The index |
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entry for a paper document described by Section 12.0011(b)(3), |
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Property Code, must contain the names of the grantors and grantees. |
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SECTION 2. Section 12.0011(b), Property Code, is amended to |
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read as follows: |
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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; or |
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(3) the paper document is a tangible copy of an |
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electronic record certified as provided by Section 12.0013 by a |
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notary public or other officer who may take an acknowledgment or |
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proof of a written instrument under Section 121.001, Civil Practice |
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and Remedies Code. |
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SECTION 3. Chapter 12, Property Code, is amended by adding |
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Section 12.0013 to read as follows: |
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Sec. 12.0013. RECORDATION OF PAPER OR TANGIBLE COPY OF |
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ELECTRONIC RECORD. (a) In this section: |
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(1) "Document" means information that is inscribed on |
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a tangible medium or that is stored in an electronic or other medium |
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and is retrievable in perceivable form. |
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(2) "Electronic," "electronic record," and |
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"electronic signature" have the meanings assigned by Section |
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322.002, Business & Commerce Code. |
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(b) A county clerk shall record a paper or tangible copy of |
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an electronic record that is otherwise eligible under state law to |
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be recorded in the real property records if the paper or tangible |
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copy of the electronic record: |
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(1) contains an electronic signature or signatures |
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that are acknowledged, sworn to with a proper jurat, or proved |
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according to law; and |
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(2) has been certified by a notary public or other |
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officer who may take an acknowledgment or proof under Section |
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121.001, Civil Practice and Remedies Code, to be a true and correct |
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copy of the electronic record as provided by Subsection (d). |
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(c) A document that is a paper or tangible copy of an |
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electronic record and is printed and certified to be a true and |
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correct copy as provided by Subsection (d) satisfies any |
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requirement of law that, as a condition for recording, the |
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document: |
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(1) be an original or be in writing; |
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(2) be signed or contain an original signature, if the |
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document contains an electronic signature of the person required to |
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sign the document; and |
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(3) be notarized, acknowledged, verified, witnessed, |
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made under oath, sworn to with a proper jurat, or proved according |
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to law, if the document contains an electronic signature of the |
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person authorized to perform that act and all other information |
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required to be included. |
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(d) A notary public or other officer who may take an |
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acknowledgment or proof under Section 121.001, Civil Practice and |
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Remedies Code, may certify that a paper or tangible copy of an |
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electronic record is a true and correct copy of an electronic record |
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by: |
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(1) executing and attaching an official seal to a |
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tangible paper certificate under penalty of perjury; and |
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(2) affixing or attaching the certificate to the |
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printed paper or tangible copy of an electronic record. |
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(e) The form of certificate required under Subsection (d) |
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must be substantially as follows: |
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DECLARATION OF AUTHENTICITY |
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State of ________________ |
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County of _______________ |
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I certify that the attached document, |
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________________(insert title), dated ____________ and containing |
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__ pages, is a true and correct copy of an electronic record printed |
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by me or under my supervision. I further certify that, at the time |
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of printing, no security features present on the electronic record |
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indicated any changes or errors in an electronic signature or other |
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information in the electronic record after the electronic record's |
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creation or execution. This certification is made under penalty of |
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perjury. |
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Signed this ____ day of ________, ____. |
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________________(signature of notary public or other officer) |
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(seal of office) |
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________________(printed name of notary public or other officer) |
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My commission expires: ______________ |
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SECTION 4. This Act takes effect September 1, 2019. |