H.B. No. 1195
AN ACT
relating to the authority of certain county and district clerks to
obtain and retain information that identifies a person filing a
document or requesting services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 191.010(b), Local Government Code, is
amended to read as follows:
(b) A county clerk in a county that allows for electronic
filing of documents in the real property records of the county [with
a population of 800,000 or more] may require a person presenting a
document in person for filing in the real property records [of the
county] to present a photo identification to the clerk. The clerk
may copy the photo identification or record information from the
photo identification. The clerk may not charge a person a fee to
copy or record the information from a photo identification.
SECTION 2. Section 191.011, Local Government Code, is
amended by amending Subsections (b) and (d) and adding Subsection
(b-1) to read as follows:
(b) A county clerk or district clerk in a county that allows
for electronic filing or recording of documents or other
instruments [with a population of 3.3 million or more] may require
an individual to present photo identification and copy or record
identifying information, including a document on which the
information is viewable, if the [regarding an] individual [who]:
(1) presents a document or other instrument for filing
or recording to the county clerk or district clerk; or
(2) requests or obtains an ex officio service or other
public service provided by the county clerk or district clerk.
(b-1) A county clerk or district clerk who requires an
individual to present photo identification under Subsection (b) may
not accept a document or other instrument for filing or recording if
the individual presents the document or other instrument in person
and does not have or refuses to provide a photo identification.
(d) Except as otherwise required or authorized by law, a
county clerk or district clerk may not[:
[(1) refuse to file or record a document or other
instrument or refuse to provide a public service on the ground that
an individual described by Subsection (b) does not have or refuses
to provide identifying information; or
[(2)] charge a fee to copy or record identifying
information.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1195 was passed by the House on April
20, 2023, by the following vote: Yeas 145, Nays 1, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1195 on May 19, 2023, by the following vote: Yeas 140, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1195 was passed by the Senate, with
amendments, on May 17, 2023, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor