Texas House Bill HB2188

Texas 2009 - 81st Regular

Caption

Relating to certain affidavits filed for recording in real or personal property records.

Impact

The introduction of HB 2188 aims to strengthen the legal framework surrounding property records by ensuring that affidavits are properly documented. This change could significantly impact real estate transactions within Texas by reducing the number of improperly filed affidavits that could create confusion in property records. By standardizing how these affidavits must be submitted, the bill seeks to enhance the accuracy and reliability of property documentation and transactions, potentially leading to more efficient processing at the county clerk's office.

Summary

House Bill 2188 is an act pertaining to the filing of certain affidavits for recording in real or personal property records. The bill introduces an amendment to Section 12 of the Property Code by adding Section 12.0012, which stipulates that an affidavit that relates to a paper document concerning real or personal property cannot be recorded unless it is attached to the relevant paper document. This means that county clerks would not be obligated to accept such an affidavit if it does not meet this requirement, thereby clarifying the validity and enforceability of affidavits in real estate transactions.

Contention

While the bill appears to offer clarity and structure to the handling of affidavits, it may also raise concerns among real estate professionals who might find the new regulations restrictive. The requirement for affidavits to be attached to paper documents could be seen as an additional bureaucratic hurdle, particularly in urgent transactions where timely record-keeping is critical. Further discussions could address whether the requirements adequately meet the needs of transparency and accessibility in property transactions without imposing unnecessary delays or complications.