87R779 NC-D
By: Sherman, Sr. H.B. No. 947
A BILL TO BE ENTITLED
AN ACT
relating to the electronic filing with and the recording by county
clerks of records conveying title to or an interest in real
property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 191.009(a), Local Government Code, is
amended to read as follows:
(a) A county clerk may accept electronic documents and other
instruments by electronic filing and record the electronic
documents and other instruments electronically if:
(1) the electronic documents or instruments do not
convey title to or an interest in real property; and
(2) the filing or recording complies with the rules
adopted by the Texas State Library and Archives Commission under
Chapter 195.
SECTION 2. Section 195.002(b), Local Government Code, is
amended to read as follows:
(b) The rules must provide for:
(1) the electronic filing with and recording by the
county clerk of:
(A) real property records, other than records
conveying title to or an interest in real property; and
(B) except for records maintained under Section
192.006, other instruments filed with and recorded by the county
clerk as determined by the commission;
(2) the means by which an electronic document or other
instrument may be electronically transmitted to a county clerk for
filing;
(3) the means by which a county clerk may
electronically record an electronic document or other instrument
filed electronically;
(4) requiring that the means adopted under Subdivision
(2) or (3) be generally available, nonproprietary technology; and
(5) security standards to prevent the filing and
recording of fraudulent electronic documents or other instruments
or alteration of electronic documents or other instruments that
were previously filed and recorded electronically.
SECTION 3. Chapter 15, Property Code, is amended by adding
Section 15.0025 to read as follows:
Sec. 15.0025. APPLICABILITY. This chapter does not apply
to a document that conveys title to or an interest in real property.
SECTION 4. (a) Section 191.009(a), Local Government Code,
as amended by this Act, and Section 15.0025, Property Code, as added
by this Act, apply only to a document filed for recording on or
after January 1, 2022.
(b) Not later than November 1, 2021, the Texas State Library
and Archives Commission shall adopt rules necessary to implement
Section 195.002(b), Local Government Code, as amended by this Act,
and Section 15.0025, Property Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2021.