TITLE: 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.

SUMMARY: 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.

FULL TEXT:
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.