Texas 2019 - 86th Regular

Texas Senate Bill SB2128 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2128
	1	+	86R28259 BEE-F
	2	+	By: Creighton S.B. No. 2128
	3	+	(Parker)
	4	+	Substitute the following for S.B. No. 2128: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the recording by a county clerk of certain documents
6	10		concerning real or personal property.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Section 193.003(b), Local Government Code, is
9	13		amended to read as follows:
10	14		(b) The index must be a cross-index that contains the names
11	15		of the grantors and grantees in alphabetical order. If a deed is
12	16		made by a sheriff, the index entry must contain the name of the
13	17		sheriff and the defendant in execution. If a deed is made by an
14	18		executor, administrator, or guardian, the index entry must contain
15	19		the name of that person and the name of the person's testator,
16	20		intestate, or ward. If a deed is made by an attorney, the index
17	21		entry must contain the name of the attorney and the attorney's
18	22		constituents. If a deed is made by a commissioner or trustee, the
19	23		index entry must contain the name of the commissioner or trustee and
20	24		the name of the person whose estate is conveyed. The index entry
21	25		for a correction instrument must contain the names of the grantors
22	26		and grantees as stated in the correction instrument. The index
23	27		entry for a paper document described by Section 12.0011(b)(3),
24	28		Property Code, must contain the names of the grantors and grantees.
25	29		SECTION 2. Section 12.0011(b), Property Code, is amended to
26	30		read as follows:
27	31		(b) A paper document concerning real or personal property
28	32		may not be recorded or serve as notice of the paper document unless:
29	33		(1) the paper document contains an original signature
30	34		or signatures that are acknowledged, sworn to with a [proper]
31	35		jurat, or proved according to law; [or]
32	36		(2) the paper document is attached as an exhibit to a
33	37		paper affidavit or other document that has an original signature or
34	38		signatures that are acknowledged, sworn to with a [proper] jurat,
35	39		or proved according to law; or
36	40		(3) the paper document is a tangible copy of an
37	41		electronic record that has been declared to be a true and correct
38	42		copy of the electronic record as provided by Section 12.0013 by a
39	43		notary public or other officer who may take an acknowledgment or
40	44		proof of a written instrument under Section 121.001, Civil Practice
41	45		and Remedies Code.
42	46		SECTION 3. Chapter 12, Property Code, is amended by adding
43	47		Section 12.0013 to read as follows:
44	48		Sec. 12.0013. RECORDATION OF PAPER OR TANGIBLE COPY OF
45	49		ELECTRONIC RECORD. (a) In this section:
46	50		(1) "Document" means information that is inscribed on
47	51		a tangible medium or that is stored in an electronic or other medium
48	52		and is retrievable in perceivable form.
49	53		(2) "Electronic," "electronic record," and
50	54		"electronic signature" have the meanings assigned by Section
51	55		322.002, Business & Commerce Code.
52	56		(b) A county clerk shall record a paper or tangible copy of
53	57		an electronic record that is otherwise eligible under state law to
54	58		be recorded in the real property records if the paper or tangible
55	59		copy of the electronic record:
56	60		(1) contains an image of an electronic signature or
57	61		signatures that are acknowledged, sworn to with a jurat, or proved
58	62		according to law; and
59	63		(2) has been declared by a notary public or other
60	64		officer who may take an acknowledgment or proof under Section
61	65		121.001, Civil Practice and Remedies Code, to be a true and correct
62	66		copy of the electronic record as provided by Subsection (d).
63	67		(c) A document that is a paper or tangible copy of an
64	68		electronic record and is printed and declared to be a true and
65	69		correct copy as provided by Subsection (d) satisfies any
66	70		requirement of law that, as a condition for recording, the
67	71		document:
68	72		(1) be an original or be in writing;
69	73		(2) be signed or contain an original signature, if the
70	74		document contains an image of an electronic signature of the person
71	75		required to sign the document; and
72	76		(3) be notarized, acknowledged, verified, witnessed,
73	77		made under oath, sworn to with a jurat, or proved according to law,
74	78		if the document contains an image of an electronic signature of the
75	79		person authorized to perform that act and all other information
76	80		required to be included.
77	81		(d) A notary public or other officer who may take an
78	82		acknowledgment or proof under Section 121.001, Civil Practice and
79	83		Remedies Code, may declare that a paper or tangible copy of an
80	84		electronic record is a true and correct copy of an electronic record
81	85		by:
82	86		(1) executing and attaching an official seal to a
83	87		tangible paper declaration under penalty of perjury; and
84	88		(2) affixing or attaching the declaration to the
85	89		printed paper or tangible copy of an electronic record.
86	90		(e) The form of declaration required under Subsection (d)
87	91		must be substantially as follows:
88	92		DECLARATION OF AUTHENTICITY
89	93		State of ________________
90	94		County of _______________
91	95		The attached document, ________________(insert title), dated
92	96		____________ and containing __ pages, is a true and correct copy of
93	97		an electronic record printed by me or under my supervision. At the
94	98		time of printing, no security features present on the electronic
95	99		record indicated any changes or errors in an electronic signature
96	100		or other information in the electronic record after the electronic
97	101		record's creation or execution. This declaration is made under
98	102		penalty of perjury.
99	103		Signed this ____ day of ________, ____.
100	104		________________(signature of notary public or other officer)
101	105		(seal of office)
102	106		________________(printed name of notary public or other officer)
103	107		My commission expires: ______________
104	108		SECTION 4. This Act takes effect September 1, 2019.
105		-	______________________________ ______________________________
106		-	President of the Senate Speaker of the House
107		-	I hereby certify that S.B. No. 2128 passed the Senate on
108		-	April 17, 2019, by the following vote: Yeas 31, Nays 0; and that
109		-	the Senate concurred in House amendment on May 25, 2019, by the
110		-	following vote: Yeas 30, Nays 0.
111		-	______________________________
112		-	Secretary of the Senate
113		-	I hereby certify that S.B. No. 2128 passed the House, with
114		-	amendment, on May 22, 2019, by the following vote: Yeas 144,
115		-	Nays 0, two present not voting.
116		-	______________________________
117		-	Chief Clerk of the House
118		-	Approved:
119		-	______________________________
120		-	Date
121		-	______________________________
122		-	Governor