Texas 2019 - 86th Regular

Texas House Bill HB3060 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R7305 BEE-F
2	2	By: Parker H.B. No. 3060
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the recording by a county clerk of certain documents
8	8	concerning real or personal property.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 193.003(b), Local Government Code, is
11	11	amended to read as follows:
12	12	(b) The index must be a cross-index that contains the names
13	13	of the grantors and grantees in alphabetical order. If a deed is
14	14	made by a sheriff, the index entry must contain the name of the
15	15	sheriff and the defendant in execution. If a deed is made by an
16	16	executor, administrator, or guardian, the index entry must contain
17	17	the name of that person and the name of the person's testator,
18	18	intestate, or ward. If a deed is made by an attorney, the index
19	19	entry must contain the name of the attorney and the attorney's
20	20	constituents. If a deed is made by a commissioner or trustee, the
21	21	index entry must contain the name of the commissioner or trustee and
22	22	the name of the person whose estate is conveyed. The index entry
23	23	for a correction instrument must contain the names of the grantors
24	24	and grantees as stated in the correction instrument. The index
25	25	entry for a paper document described by Section 12.0011(b)(3),
26	26	Property Code, must contain the names of the grantors and grantees.
27	27	SECTION 2. Section 12.0011(b), Property Code, is amended to
28	28	read as follows:
29	29	(b) A paper document concerning real or personal property
30	30	may not be recorded or serve as notice of the paper document unless:
31	31	(1) the paper document contains an original signature
32	32	or signatures that are acknowledged, sworn to with a proper jurat,
33	33	or proved according to law; [or]
34	34	(2) the paper document is attached as an exhibit to a
35	35	paper affidavit or other document that has an original signature or
36	36	signatures that are acknowledged, sworn to with a proper jurat, or
37	37	proved according to law; or
38	38	(3) the paper document is a tangible copy of an
39	39	electronic record certified as provided by Section 12.0013 by a
40	40	notary public or other officer who may take an acknowledgment or
41	41	proof of a written instrument under Section 121.001, Civil Practice
42	42	and Remedies Code.
43	43	SECTION 3. Chapter 12, Property Code, is amended by adding
44	44	Section 12.0013 to read as follows:
45	45	Sec. 12.0013. RECORDATION OF PAPER OR TANGIBLE COPY OF
46	46	ELECTRONIC RECORD. (a) In this section:
47	47	(1) "Document" means information that is inscribed on
48	48	a tangible medium or that is stored in an electronic or other medium
49	49	and is retrievable in perceivable form.
50	50	(2) "Electronic," "electronic record," and
51	51	"electronic signature" have the meanings assigned by Section
52	52	322.002, Business & Commerce Code.
53	53	(b) A county clerk shall record a paper or tangible copy of
54	54	an electronic record that is otherwise eligible under state law to
55	55	be recorded in the real property records if the paper or tangible
56	56	copy of the electronic record:
57	57	(1) contains an electronic signature or signatures
58	58	that are acknowledged, sworn to with a proper jurat, or proved
59	59	according to law; and
60	60	(2) has been certified by a notary public or other
61	61	officer who may take an acknowledgment or proof under Section
62	62	121.001, Civil Practice and Remedies Code, to be a true and correct
63	63	copy of the electronic record as provided by Subsection (d).
64	64	(c) A document that is a paper or tangible copy of an
65	65	electronic record and is printed and certified to be a true and
66	66	correct copy as provided by Subsection (d) satisfies any
67	67	requirement of law that, as a condition for recording, the
68	68	document:
69	69	(1) be an original or be in writing;
70	70	(2) be signed or contain an original signature, if the
71	71	document contains an electronic signature of the person required to
72	72	sign the document; and
73	73	(3) be notarized, acknowledged, verified, witnessed,
74	74	made under oath, sworn to with a proper jurat, or proved according
75	75	to law, if the document contains an electronic signature of the
76	76	person authorized to perform that act and all other information
77	77	required to be included.
78	78	(d) A notary public or other officer who may take an
79	79	acknowledgment or proof under Section 121.001, Civil Practice and
80	80	Remedies Code, may certify that a paper or tangible copy of an
81	81	electronic record is a true and correct copy of an electronic record
82	82	by:
83	83	(1) executing and attaching an official seal to a
84	84	tangible paper certificate under penalty of perjury; and
85	85	(2) affixing or attaching the certificate to the
86	86	printed paper or tangible copy of an electronic record.
87	87	(e) The form of certificate required under Subsection (d)
88	88	must be substantially as follows:
89	89	DECLARATION OF AUTHENTICITY
90	90	State of ________________
91	91	County of _______________
92	92	I certify that the attached document,
93	93	________________(insert title), dated ____________ and containing
94	94	__ pages, is a true and correct copy of an electronic record printed
95	95	by me or under my supervision. I further certify that, at the time
96	96	of printing, no security features present on the electronic record
97	97	indicated any changes or errors in an electronic signature or other
98	98	information in the electronic record after the electronic record's
99	99	creation or execution. This certification is made under penalty of
100	100	perjury.
101	101	Signed this ____ day of ________, ____.
102	102	________________(signature of notary public or other officer)
103	103	(seal of office)
104	104	________________(printed name of notary public or other officer)
105	105	My commission expires: ______________
106	106	SECTION 4. This Act takes effect September 1, 2019.