| 1 | 1 | | 83R8442 SCL-F |
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| 2 | 2 | | By: Miller of Comal H.B. No. 1626 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to specifications for legal papers filed with a county |
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| 8 | 8 | | clerk. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 191.007, Local Government Code, is |
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| 11 | 11 | | amended by amending Subsections (b) and (k) and adding Subsection |
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| 12 | 12 | | (l) to read as follows: |
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| 13 | 13 | | (b) A page is considered to be one side of a sheet of paper. |
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| 14 | 14 | | A page must: |
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| 15 | 15 | | (1) be no wider than 8-1/2 inches and no longer than 14 |
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| 16 | 16 | | inches; |
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| 17 | 17 | | (2) have a sufficient weight and substance so that |
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| 18 | 18 | | printing, typing, or handwriting on it will not smear or bleed |
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| 19 | 19 | | through; [and] |
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| 20 | 20 | | (3) be printed in type not smaller than 12-point |
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| 21 | 21 | | [eight-point] type and be suitable otherwise for reproducing from |
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| 22 | 22 | | it a readable record by a photocopy or photostatic, [or] |
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| 23 | 23 | | microphotographic, or electronic process used in the office of the |
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| 24 | 24 | | county clerk; |
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| 25 | 25 | | (4) have a side margin of at least one inch on each |
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| 26 | 26 | | side of the page; and |
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| 27 | 27 | | (5) have a top margin of at least three inches on the |
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| 28 | 28 | | first page and a bottom margin of at least three inches on the last |
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| 29 | 29 | | page of the legal paper for the county clerk to stamp, affix, or |
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| 30 | 30 | | otherwise record required information. |
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| 31 | 31 | | (k) [This section does not authorize a county clerk to |
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| 32 | 32 | | refuse to record a legal paper for the reason that it fails to meet |
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| 33 | 33 | | one or more of the requirements prescribed by Subsections (b) |
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| 34 | 34 | | through (g).] Failure to comply with the requirements prescribed |
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| 35 | 35 | | by Subsections (b) through (g) [these requirements] shall not in |
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| 36 | 36 | | any manner alter, amend, impair, or invalidate any document or |
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| 37 | 37 | | legal instrument of any type or character and upon recordation by |
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| 38 | 38 | | the county clerk the document or legal instrument shall be deemed |
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| 39 | 39 | | and considered as fully complying with the provisions of law |
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| 40 | 40 | | dealing with the recordation of documents or legal instruments of |
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| 41 | 41 | | every type and character. |
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| 42 | 42 | | (l) A county clerk may refuse to record a legal paper |
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| 43 | 43 | | executed or prepared for filing or recording that the clerk |
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| 44 | 44 | | determines is not suitable for reproduction, unless the legal paper |
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| 45 | 45 | | cannot be replicated to comply with this section. |
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| 46 | 46 | | SECTION 2. The change in law made by this Act applies to |
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| 47 | 47 | | legal papers filed with a county clerk on or after January 1, 2014. |
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| 48 | 48 | | A legal paper filed with a county clerk before January 1, 2014, is |
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| 49 | 49 | | governed by the law in effect at the time the paper was filed, and |
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| 50 | 50 | | the former law is continued in effect for that purpose. |
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| 51 | 51 | | SECTION 3. This Act takes effect January 1, 2014. |
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