Texas 2023 - 88th Regular

Texas House Bill HB2186

Filed
2/10/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of a county clerk to require a person to present photo identification to file a document in the real property records of a county.

Impact

If enacted, HB2186 would notably change the operational procedures for county clerks, especially in counties with a population of 800,000 or more. It aims to standardize identification requirements across these counties, making it mandatory for individuals to present valid photo identification before filing. By enforcing these identification standards, the bill could potentially streamline the process of managing property records while ensuring that only authorized individuals can file documents. However, the requirement might also create barriers for those without immediate access to photo IDs, thereby impacting the ease of filing for some community members.

Summary

House Bill 2186 aims to enhance the authority of county clerks in Texas by allowing them to require individuals to present photo identification when filing documents in the real property records. This bill specifically amends Section 191.010 of the Local Government Code, introducing provisions that will enable clerks to deny the acceptance of documents if proper photo identification is not provided. As a result, this bill seeks to add a layer of verification for document filings, which supporters believe could reduce fraud and ensure the integrity of property records.

Sentiment

The sentiment around HB2186 appears mixed among stakeholders in legislative discussions. Proponents argue that strengthening identification requirements is a necessary measure to uphold the integrity of property transactions and defend against fraudulent activities. They claim that requiring a photo ID adds a layer of security and confidence in public records. Conversely, critics of the bill express concerns that the mandate may disenfranchise certain individuals—especially those in lower socioeconomic groups—who may lack appropriate identification, potentially causing an overreach of governmental authority in bureaucratic procedures.

Contention

Notable points of contention surrounding HB2186 involve discussions of accessibility and local autonomy. Opponents highlight that while the intent may be to safeguard property filings, the requirement for photo ID could disproportionately affect vulnerable populations who may not have valid identification. Furthermore, some lawmakers and advocacy groups emphasize the need for local governments to retain control over their own filing procedures without the imposition of additional state requirements. The balance between ensuring security in public records and maintaining accessible pathways for all citizens to file documents remains a significant debate during the bill's review.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 191. General Records Provisions Affecting Counties
    • Section: 010
    • Section: 010

Companion Bills

No companion bills found.

Previously Filed As

TX HB2414

Relating to the authority of a county clerk to require a person to present photo identification to file a document in the real property records of a county.

Similar Bills

No similar bills found.