Bill Text: TX HB949 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the electronic filing with and the recording by county clerks of records conveying or purporting to convey title to or an interest in real property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-01 - Referred to Business & Industry [HB949 Detail]
Download: Texas-2021-HB949-Introduced.html
| 87R4416 NC-D | ||
| By: Sherman, Sr. | H.B. No. 949 | |
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| relating to the electronic filing with and the recording by county | ||
| clerks of records conveying or purporting to convey 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 or purport to 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 or purporting to convey 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 or purports to convey 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. | ||
