Bill Text: TX HB3060 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the recording by a county clerk of certain documents concerning real or personal property.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-29 - Companion considered in lieu of in committee [HB3060 Detail]

Download: Texas-2019-HB3060-Introduced.html
  86R7305 BEE-F
 
  By: Parker H.B. No. 3060
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the recording by a county clerk of certain documents
  concerning real or personal property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 193.003(b), Local Government Code, is
  amended to read as follows:
         (b)  The index must be a cross-index that contains the names
  of the grantors and grantees in alphabetical order.  If a deed is
  made by a sheriff, the index entry must contain the name of the
  sheriff and the defendant in execution.  If a deed is made by an
  executor, administrator, or guardian, the index entry must contain
  the name of that person and the name of the person's testator,
  intestate, or ward.  If a deed is made by an attorney, the index
  entry must contain the name of the attorney and the attorney's
  constituents.  If a deed is made by a commissioner or trustee, the
  index entry must contain the name of the commissioner or trustee and
  the name of the person whose estate is conveyed.  The index entry
  for a correction instrument must contain the names of the grantors
  and grantees as stated in the correction instrument. The index
  entry for a paper document described by Section 12.0011(b)(3),
  Property Code, must contain the names of the grantors and grantees.
         SECTION 2.  Section 12.0011(b), Property Code, is amended to
  read as follows:
         (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; or
               (3)  the paper document is a tangible copy of an
  electronic record certified as provided by Section 12.0013 by a
  notary public or other officer who may take an acknowledgment or
  proof of a written instrument under Section 121.001, Civil Practice
  and Remedies Code.
         SECTION 3.  Chapter 12, Property Code, is amended by adding
  Section 12.0013 to read as follows:
         Sec. 12.0013.  RECORDATION OF PAPER OR TANGIBLE COPY OF
  ELECTRONIC RECORD. (a) In this section:
               (1)  "Document" means information that is inscribed on
  a tangible medium or that is stored in an electronic or other medium
  and is retrievable in perceivable form.
               (2)  "Electronic," "electronic record," and
  "electronic signature" have the meanings assigned by Section
  322.002, Business & Commerce Code.
         (b)  A county clerk shall record a paper or tangible copy of
  an electronic record that is otherwise eligible under state law to
  be recorded in the real property records if the paper or tangible
  copy of the electronic record:
               (1)  contains an electronic signature or signatures
  that are acknowledged, sworn to with a proper jurat, or proved
  according to law; and
               (2)  has been certified by a notary public or other
  officer who may take an acknowledgment or proof under Section
  121.001, Civil Practice and Remedies Code, to be a true and correct
  copy of the electronic record as provided by Subsection (d). 
         (c)  A document that is a paper or tangible copy of an
  electronic record and is printed and certified to be a true and
  correct copy as provided by Subsection (d) satisfies any
  requirement of law that, as a condition for recording, the
  document:
               (1)  be an original or be in writing;
               (2)  be signed or contain an original signature, if the
  document contains an electronic signature of the person required to
  sign the document; and
               (3)  be notarized, acknowledged, verified, witnessed,
  made under oath, sworn to with a proper jurat, or proved according
  to law, if the document contains an electronic signature of the
  person authorized to perform that act and all other information
  required to be included.
         (d)  A notary public or other officer who may take an
  acknowledgment or proof under Section 121.001, Civil Practice and
  Remedies Code, may certify that a paper or tangible copy of an
  electronic record is a true and correct copy of an electronic record
  by:
               (1)  executing and attaching an official seal to a
  tangible paper certificate under penalty of perjury; and
               (2)  affixing or attaching the certificate to the
  printed paper or tangible copy of an electronic record.
         (e)  The form of certificate required under Subsection (d)
  must be substantially as follows:
  DECLARATION OF AUTHENTICITY
  State of ________________
  County of _______________
         I certify that the attached document,
  ________________(insert title), dated ____________ and containing
  __ pages, is a true and correct copy of an electronic record printed
  by me or under my supervision. I further certify that, at the time
  of printing, no security features present on the electronic record
  indicated any changes or errors in an electronic signature or other
  information in the electronic record after the electronic record's
  creation or execution. This certification is made under penalty of
  perjury. 
  Signed this ____ day of ________, ____.
  ________________(signature of notary public or other officer)
  (seal of office)
  ________________(printed name of notary public or other officer)
  My commission expires: ______________
         SECTION 4.  This Act takes effect September 1, 2019.
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