| 1 | 1 | | H.B. No. 1195 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | AN ACT |
|---|
| 5 | 5 | | relating to the authority of certain county and district clerks to |
|---|
| 6 | 6 | | obtain and retain information that identifies a person filing a |
|---|
| 7 | 7 | | document or requesting services. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 191.010(b), Local Government Code, is |
|---|
| 10 | 10 | | amended to read as follows: |
|---|
| 11 | 11 | | (b) A county clerk in a county that allows for electronic |
|---|
| 12 | 12 | | filing of documents in the real property records of the county [with |
|---|
| 13 | 13 | | a population of 800,000 or more] may require a person presenting a |
|---|
| 14 | 14 | | document in person for filing in the real property records [of the |
|---|
| 15 | 15 | | county] to present a photo identification to the clerk. The clerk |
|---|
| 16 | 16 | | may copy the photo identification or record information from the |
|---|
| 17 | 17 | | photo identification. The clerk may not charge a person a fee to |
|---|
| 18 | 18 | | copy or record the information from a photo identification. |
|---|
| 19 | 19 | | SECTION 2. Section 191.011, Local Government Code, is |
|---|
| 20 | 20 | | amended by amending Subsections (b) and (d) and adding Subsection |
|---|
| 21 | 21 | | (b-1) to read as follows: |
|---|
| 22 | 22 | | (b) A county clerk or district clerk in a county that allows |
|---|
| 23 | 23 | | for electronic filing or recording of documents or other |
|---|
| 24 | 24 | | instruments [with a population of 3.3 million or more] may require |
|---|
| 25 | 25 | | an individual to present photo identification and copy or record |
|---|
| 26 | 26 | | identifying information, including a document on which the |
|---|
| 27 | 27 | | information is viewable, if the [regarding an] individual [who]: |
|---|
| 28 | 28 | | (1) presents a document or other instrument for filing |
|---|
| 29 | 29 | | or recording to the county clerk or district clerk; or |
|---|
| 30 | 30 | | (2) requests or obtains an ex officio service or other |
|---|
| 31 | 31 | | public service provided by the county clerk or district clerk. |
|---|
| 32 | 32 | | (b-1) A county clerk or district clerk who requires an |
|---|
| 33 | 33 | | individual to present photo identification under Subsection (b) may |
|---|
| 34 | 34 | | not accept a document or other instrument for filing or recording if |
|---|
| 35 | 35 | | the individual presents the document or other instrument in person |
|---|
| 36 | 36 | | and does not have or refuses to provide a photo identification. |
|---|
| 37 | 37 | | (d) Except as otherwise required or authorized by law, a |
|---|
| 38 | 38 | | county clerk or district clerk may not[: |
|---|
| 39 | 39 | | [(1) refuse to file or record a document or other |
|---|
| 40 | 40 | | instrument or refuse to provide a public service on the ground that |
|---|
| 41 | 41 | | an individual described by Subsection (b) does not have or refuses |
|---|
| 42 | 42 | | to provide identifying information; or |
|---|
| 43 | 43 | | [(2)] charge a fee to copy or record identifying |
|---|
| 44 | 44 | | information. |
|---|
| 45 | 45 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 49 | 49 | | Act takes effect September 1, 2023. |
|---|
| 50 | 50 | | ______________________________ ______________________________ |
|---|
| 51 | 51 | | President of the Senate Speaker of the House |
|---|
| 52 | 52 | | I certify that H.B. No. 1195 was passed by the House on April |
|---|
| 53 | 53 | | 20, 2023, by the following vote: Yeas 145, Nays 1, 2 present, not |
|---|
| 54 | 54 | | voting; and that the House concurred in Senate amendments to H.B. |
|---|
| 55 | 55 | | No. 1195 on May 19, 2023, by the following vote: Yeas 140, Nays 0, |
|---|
| 56 | 56 | | 2 present, not voting. |
|---|
| 57 | 57 | | ______________________________ |
|---|
| 58 | 58 | | Chief Clerk of the House |
|---|
| 59 | 59 | | I certify that H.B. No. 1195 was passed by the Senate, with |
|---|
| 60 | 60 | | amendments, on May 17, 2023, by the following vote: Yeas 31, Nays |
|---|
| 61 | 61 | | 0. |
|---|
| 62 | 62 | | ______________________________ |
|---|
| 63 | 63 | | Secretary of the Senate |
|---|
| 64 | 64 | | APPROVED: __________________ |
|---|
| 65 | 65 | | Date |
|---|
| 66 | 66 | | __________________ |
|---|
| 67 | 67 | | Governor |
|---|