reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter G. Certain Private Transfer Fees Prohibited; Preservation of Private Real Property Rights › Section 5.205. Disclosure of Existing Transfer Fee Obligation Required in Contract for Sale

Sec. 5.205.  DISCLOSURE OF EXISTING TRANSFER FEE OBLIGATION REQUIRED IN CONTRACT FOR SALE.  A seller of real property that may be subject to a private transfer fee obligation shall provide written notice to a potential purchaser stating that the obligation may be governed by this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 211 (H.B. 8), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter G. Certain Private Transfer Fees Prohibited; Preservation of Private Real Property Rights › Section 5.206. Waiver Void

Sec. 5.206.  WAIVER VOID.  A provision that purports to waive a purchaser's rights under this subchapter is void.
Added by Acts 2011, 82nd Leg., R.S., Ch. 211 (H.B. 8), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Property Code › Title 2 - Conveyances › Chapter 5 - Conveyances › Subchapter G. Certain Private Transfer Fees Prohibited; Preservation of Private Real Property Rights › Section 5.207. Injunctive or Declaratory Relief; Providing Penalties

Sec. 5.207.  INJUNCTIVE OR DECLARATORY RELIEF; PROVIDING PENALTIES.  (a)  The attorney general may institute an action for injunctive or declaratory relief to restrain a violation of this subchapter.
(b)  In addition to instituting an action for injunctive or declaratory relief under Subsection (a), the attorney general may institute an action for civil penalties against a payee for a violation of this chapter.  Except as provided by Subsection (c), a civil penalty assessed under this section may not exceed an amount equal to two times the amount of the private transfer fee charged or collected by the payee in violation of this subchapter.
(c)  If the court in which an action under Subsection (b) is pending finds that a payee violated this subchapter with a frequency that constitutes a pattern or practice, the court may assess a civil penalty not to exceed $250,000.
(d)  The comptroller shall deposit to the credit of the general revenue fund all money collected under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 211 (H.B. 8), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 11 - Provisions Generally Applicable to Public Records › Section 11.001. Place of Recording

Sec. 11.001.  PLACE OF RECORDING.  (a)  To be effectively recorded, an instrument relating to real property must be eligible for recording and must be recorded in the county in which a part of the property is located.  However, if such an instrument grants a security interest by a utility as defined in Section 261.001, Business & Commerce Code, the instrument may be recorded as required by Sections 261.004 and 261.006 of that code, and if such instrument is so recorded, the lien and the secured interest created by such instrument shall be deemed perfected for all purposes.
(b)  If an instrument has been recorded in a proper county, the subsequent creation of a new county containing property conveyed or encumbered by the instrument does not affect the recording's validity or effect as notice.  The county court of the new county shall at its own expense:
(1)  obtain a certified transcript of the record of all instruments conveying or encumbering property in the new county;
(2)  deposit the transcript for public inspection in the recorder's office of the new county;  and
(3)  make an index of the transcript.
Acts 1983, 68th Leg., p. 3486, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 999, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.32, eff. April 1, 2009.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 11 - Provisions Generally Applicable to Public Records › Section 11.002. English Language

Sec. 11.002.  ENGLISH LANGUAGE.  (a)  An instrument relating to real or personal property may not be recorded unless it is in English or complies with this section.
(b)  An authenticated instrument not in English that was executed before August 22, 1897, may be recorded and operate as constructive notice from the date of filing if:
(1)  a correct English translation is recorded with the original instrument;  and
(2)  the accuracy of the translation is sworn to before an officer authorized to administer oaths.
(c)  An instrument acknowledged outside the United States or its territories in accordance with Section 121.001(c)(3), Civil Practice and Remedies Code, that contains a certificate, stamp, or seal of a notary public or other official before whom the acknowledgment was taken or an apostille relating to the acknowledgment, any portion of which is not in English, may be recorded and operate as constructive notice from the date of filing if:
(1)  a correct English translation of any non-English portion of the certificate, stamp, seal, or apostille is recorded with the original instrument;
(2)  the accuracy of the translation is sworn to before an officer authorized to administer oaths;  and
(3)  any apostille relating to the acknowledgment complies with the Hague Convention dated October 5, 1961, titled Convention Abolishing the Requirement of Legalisation for Foreign Public Documents.
Acts 1983, 68th Leg., p. 3486, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1987, 70th Leg., ch. 891, Sec. 2, eff. Sept. 1, 1987.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 11 - Provisions Generally Applicable to Public Records › Section 11.003. Grantee's Address

Sec. 11.003.  GRANTEE'S ADDRESS.  (a)  An instrument executed after December 31, 1981, conveying an interest in real property may not be recorded unless:
(1)  a mailing address of each grantee appears in the instrument or in a separate writing signed by the grantor or grantee and attached to the instrument;  or
(2)  a penalty filing fee equal to the greater of $25 or twice the statutory recording fee for the instrument is paid.
(b)  The validity of a conveyance as between the parties is not affected by a failure to include an address of each grantee in the instrument or an attached writing.
(c)  Payment of a filing fee and acceptance of the instrument by the county clerk for recording creates a conclusive presumption that the requirements of this section have been met.
Acts 1983, 68th Leg., p. 3487, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 11 - Provisions Generally Applicable to Public Records › Section 11.004. Duty of Recorder

Sec. 11.004.  DUTY OF RECORDER.  (a)  A county clerk shall:
(1)  correctly record, as required by law, within a reasonable time after delivery, any instrument authorized or required to be recorded in that clerk's office that is proved, acknowledged, or sworn to according to law;
(2)  give a receipt, as required by law, for an instrument delivered for recording;
(3)  record instruments relating to the same property in the order the instruments are filed;  and
(4)  provide and keep in the clerk's office the indexes required by law.
(b)  A county clerk who violates a provision of this section and the sureties on the clerk's bond are liable for damages and, on motion in district court and after three days' notice to the clerk, for a civil penalty of not more than $500, half of which is payable to the county and half to the person who files the motion.
Acts 1983, 68th Leg., p. 3487, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 162, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 11 - Provisions Generally Applicable to Public Records › Section 11.0041. Review of Certain Instruments in Certain Counties

Sec. 11.0041.  REVIEW OF CERTAIN INSTRUMENTS IN CERTAIN COUNTIES.  (a)  This section applies only to the county clerk of a county:
(1)  that:
(A)  is located on the international border; and
(B)  has a population of less than 15,000;
(2)  in which a colonia self-help center established under Section 2306.582, Government Code, is located; or
(3)  that is served by a colonia self-help center described by Subdivision (2) in another county.
(b)  Before accepting an instrument conveying real property for filing, the county clerk may send the instrument to the county attorney for review under this section.  Not later than five business days after the date the county attorney receives an instrument under this subsection, the county attorney shall:
(1)  review the instrument to determine whether the platting requirements prescribed by Sections 232.023, 232.025, and 232.031, Local Government Code, have been satisfied; and
(2)  return the instrument to the county clerk with a statement of the county attorney's determination under Subdivision (1).
(c)  Notwithstanding Section 11.004(a), the county clerk shall immediately notify the party that presented the instrument for recording that:
(1)  the clerk is referring the instrument to the county attorney for review;
(2)  the instrument will not be immediately recorded; and
(3)  the clerk is not required to file an instrument the county attorney determines the clerk is not required to file.
Added by Acts 2009, 81st Leg., R.S., Ch. 1176 (H.B. 3479), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 11 - Provisions Generally Applicable to Public Records › Section 11.005. Judgment Proving an Instrument or Correcting a Certificate

Sec. 11.005.  JUDGMENT PROVING AN INSTRUMENT OR CORRECTING A CERTIFICATE.  (a)  A person interested under an instrument that may be proved for record may bring an action in district court for a judgment proving the instrument.
(b)  A person interested under a defectively certified instrument for which acknowledgement or proof of execution has been properly made may bring an action in district court for a judgment correcting the certificate.
(c)  If a certified copy of a judgment in a suit under this section that shows proof of an instrument is attached to the instrument, the instrument may be recorded with the same effect as if it were acknowledged.
Acts 1983, 68th Leg., p. 3488, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 11 - Provisions Generally Applicable to Public Records › Section 11.006. Instrument Affecting Title to Land in Archer County

Sec. 11.006.  INSTRUMENT AFFECTING TITLE TO LAND IN ARCHER COUNTY.  An instrument that in any manner affects title to land in Archer County, Texas, but was recorded in Jack County on or after August 10, 1866, but no later than August 10, 1870, and was made under the hand and seal of the county clerk of Shackelford County, is admissible in evidence in any suit in which secondary evidence is admissible.
Acts 1983, 68th Leg., p. 3488, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 11 - Provisions Generally Applicable to Public Records › Section 11.007. Effect of Citation to Real Property Records

Sec. 11.007.  EFFECT OF CITATION TO REAL PROPERTY RECORDS.  A reference in an instrument to the volume and page number, film code number, or county clerk file number of the "real property records" (or other words of similar import) for a particular county is equivalent to a reference to the deed records, deed of trust records, or other specific records, for the purpose of providing effective notice to all persons of the existence of the referenced instrument.
Added by Acts 1989, 71st Leg., ch. 161, Sec. 1, eff. May 25, 1989.  Amended by Acts 1991, 72nd Leg., ch. 205, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 12 - Recording of Instruments › Section 12.001. Instruments Concerning Property

Sec. 12.001.  INSTRUMENTS CONCERNING PROPERTY.  (a)  An instrument concerning real or personal property may be recorded if it has been acknowledged, sworn to with a proper jurat, or proved according to law.
(b)  An instrument conveying real property may not be recorded unless it is signed and acknowledged or sworn to by the grantor in the presence of two or more credible subscribing witnesses or acknowledged or sworn to before and certified by an officer authorized to take acknowledgements or oaths, as applicable.
(c)  This section does not require the acknowledgement or swearing or prohibit the recording of a financing statement, a security agreement filed as a financing statement, or a continuation statement filed for record under the Business & Commerce Code.
(d)  The failure of a notary public to attach an official seal to an acknowledgment, a jurat, or other proof taken outside this state but inside the United States or its territories renders the acknowledgment, jurat, or other proof invalid only if the jurisdiction in which the acknowledgment, jurat, or other proof is taken requires the notary public to attach the seal.
Acts 1983, 68th Leg., p. 3489, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 162, Sec. 2, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 603, Sec. 2, eff. June 14, 1995.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 12 - Recording of Instruments › Section 12.0011. Instruments Concerning Property: Original Signature Required for Certain Instruments

Sec. 12.0011.  INSTRUMENTS CONCERNING PROPERTY: ORIGINAL SIGNATURE REQUIRED FOR CERTAIN INSTRUMENTS.  (a)  For the purposes of this section, "paper document" means a document received by a county clerk in a form that is not electronic.
(b)  A paper document concerning real or personal property may not be recorded or serve as notice of the paper document unless:
(1)  the paper document contains an original signature or signatures that are acknowledged, sworn to with a jurat, or proved according to law;
(2)  the paper document is attached as an exhibit to a paper affidavit or other document that has an original signature or signatures that are acknowledged, sworn to with a jurat, or proved according to law; or
(3)  the paper document is a tangible copy of an electronic record that has been declared to be a true and correct copy of the electronic record as provided by Section 12.0013 by a notary public or other officer who may take an acknowledgment or proof of a written instrument under Section 121.001, Civil Practice and Remedies Code.
(c)  An original signature may not be required for an electronic instrument or other document that complies with the requirements of Chapter 15 of this code, Chapter 195, Local Government Code, Chapter 322, Business & Commerce Code, or other applicable law.
(d)  This section does not apply to a child support lien notice or release of child support lien issued by the Title IV-D agency under Chapter 157, Family Code.  For purposes of this subsection, "Title IV-D agency" has the meaning assigned by Section 101.033, Family Code.
(e)  This section does not apply to a notice of sale under Section 51.065, Natural Resources Code, or a land award under Section 51.066, Natural Resources Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 213 (H.B. 732), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 20.003, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 33, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 370 (H.B. 3423), Sec. 4, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 678 (S.B. 2128), Sec. 2, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 23, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 12 - Recording of Instruments › Section 12.0012. Instruments Concerning Real Property Subject to a Foreclosure Sale

Sec. 12.0012.  INSTRUMENTS CONCERNING REAL PROPERTY SUBJECT TO A FORECLOSURE SALE.  (a)  Notwithstanding Section 12.0011(b), the following documents received by the county clerk in the manner provided by Subsection (b) shall be recorded by the clerk and serve as notice of the matter document:
(1)  an instrument appointing or authorizing a trustee or substitute trustee to exercise the power of sale in a security instrument;
(2)  a notice of sale pursuant to which the sale under a power of sale occurred;
(3)  a notice of default on which the sale evidenced by a deed conveying title from a trustee or substitute trustee to a purchaser occurred;
(4)  documentation from the United States Department of Defense indicating that a debtor was not on active duty military service on the date of a foreclosure sale;
(5)  a statement of facts regarding a foreclosure sale prepared by an attorney representing the trustee, substitute trustee, or mortgage servicer; or
(6)  proof of service of the mailing of any notice related to a foreclosure sale.
(b)  A document described by Subsection (a) shall be accepted for recording pursuant to Subsection (a) if it is attached as an exhibit to:
(1)  a deed that conveys title from a trustee or substitute trustee to a purchaser at a foreclosure sale and that meets the requirements for recording under Section 12.0011(b); or
(2)  an affidavit of a trustee or substitute trustee that meets the requirements for recording under Section 12.0011(b) and relates to a foreclosure sale.
(c)  This section does not prevent the recording of documents in any other manner allowed by law.
Added by Acts 2015, 84th Leg., R.S., Ch. 653 (H.B. 2063), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 12 - Recording of Instruments › Section 12.003. Instrument in General Land Office or Archives

Sec. 12.003.  INSTRUMENT IN GENERAL LAND OFFICE OR ARCHIVES.  (a)  If written evidence of title to land has been filed according to law in the General Land Office or is in the public archives, a copy of the written evidence may be recorded if:
(1)  the original was properly executed under the law in effect at the time of execution;  and
(2)  the copy is certified by the officer having custody of the original and attested with the seal of the General Land Office.
(b)  A court may not admit a title to land that was filed in the General Land Office as evidence of superior title against a location or survey of the same land that was made under a valid land warrant or certificate prior to the filing of the title in the General Land Office unless prior to the location or survey:
(1)  the older title had been recorded with the county clerk of the county in which the land is located;  or
(2)  the person who had the location or survey made had actual notice of the older title.
Acts 1983, 68th Leg., p. 3490, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 12 - Recording of Instruments › Section 12.004. Foreign Deed

Sec. 12.004.  FOREIGN DEED.  If written evidence of title to land has been filed outside the county in which the land is located or outside the state, a copy of the written evidence may be recorded in the county in which the land is located if:
(1)  the original was properly executed and recorded under the law governing the recording;  and
(2)  the copy is certified by the officer having legal custody of the original.
Acts 1983, 68th Leg., p. 3490, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 12 - Recording of Instruments › Section 12.005. Partition

Sec. 12.005.  PARTITION.  (a)  A court order partitioning or allowing recovery of title to land must be recorded with the county clerk of the county in which the land is located in order to be admitted as evidence to support a right claimed under the order.
(b)  A record of an order is sufficient under this section if it consists of a brief statement by the clerk of the court that made the order, signed and sealed by the clerk, that includes:
(1)  the identity of the case in which the partition or judgment was made;
(2)  the date of the case;
(3)  the names of the parties to the case;
(4)  a description of the land involved that is located in the county of the recording;  and
(5)  the name of the party to whom the land is decreed.
Acts 1983, 68th Leg., p. 3490, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 12 - Recording of Instruments › Section 12.006. Grant From Government

Sec. 12.006.  GRANT FROM GOVERNMENT.  A grant from this state or the United States that is executed and authenticated under the law in effect at the time the grant is made may be recorded without further acknowledgement or proof.
Acts 1983, 68th Leg., p. 3491, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 12 - Recording of Instruments › Section 12.007. Lis Pendens

Sec. 12.007.  LIS PENDENS.  (a)  After the plaintiff's statement in an eminent domain proceeding is filed or during the pendency of an action involving title to real property, the establishment of an interest in real property, or the enforcement of an encumbrance against real property, a party to the action who is seeking affirmative relief may file for record with the county clerk of each county where a part of the property is located a notice that the action is pending.
(b)  The party filing a lis pendens or the party's agent or attorney shall sign the lis pendens, which must state:
(1)  the style and number, if any, of the proceeding;
(2)  the court in which the proceeding is pending;
(3)  the names of the parties;
(4)  the kind of proceeding;  and
(5)  a description of the property affected.
(c)  The county clerk shall record the notice in a lis pendens record.  The clerk shall index the record in a direct and reverse index under the name of each party to the proceeding.
(d)  Not later than the third day after the date a person files a notice for record under this section, the person must serve a copy of the notice on each party to the action who has an interest in the real property affected by the notice.
Acts 1983, 68th Leg., p. 3491, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 297 (H.B. 396), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 12 - Recording of Instruments › Section 12.0071. Motion to Expunge Lis Pendens

Sec. 12.0071.  MOTION TO EXPUNGE LIS PENDENS.  (a)  A party to an action in connection with which a notice of lis pendens has been filed may:
(1)  apply to the court to expunge the notice; and
(2)  file evidence, including declarations, with the motion to expunge the notice.
(b)  The court may:
(1)  permit evidence on the motion to be received in the form of oral testimony; and
(2)  make any orders the court considers just to provide for discovery by a party affected by the motion.
(c)  The court shall order the notice of lis pendens expunged if the court determines that:
(1)  the pleading on which the notice is based does not contain a real property claim;
(2)  the claimant fails to establish by a preponderance of the evidence the probable validity of the real property claim; or
(3)  the person who filed the notice for record did not serve a copy of the notice on each party entitled to a copy under Section 12.007(d).
(d)  Notice of a motion to expunge under Subsection (a) must be served on each affected party on or before the 20th day before the date of the hearing on the motion.
(e)  The court shall rule on the motion for expunction based on the affidavits and counteraffidavits on file and on any other proof the court allows.
(f)  After a certified copy of an order expunging a notice of lis pendens has been recorded:
(1)  the notice of lis pendens and any information derived or that could be derived from the notice:
(A)  does not:
(i)  constitute constructive or actual notice of any matter contained in the notice or of any matter relating to the action in connection with which the notice was filed;
(ii)  create any duty of inquiry in a person with respect to the property described in the notice; or
(iii)  affect the validity of a conveyance to a purchaser for value or of a mortgage to a lender for value; and
(B)  is not enforceable against a purchaser or lender described by Paragraph (A)(iii), regardless of whether the purchaser or lender knew of the lis pendens action; and
(2)  an interest in the real property may be transferred or encumbered free of all matters asserted or disclosed in the notice and all claims or other matters asserted or disclosed in the action in connection with which the notice was filed.
(g)  The court in its discretion may require that the party prevailing in the expunction hearing submit an undertaking to the court in an amount determined by the court.
Added by Acts 2009, 81st Leg., R.S., Ch. 297 (H.B. 396), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 47 (S.B. 1955), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 12 - Recording of Instruments › Section 12.008. Cancellation of Lis Pendens

Sec. 12.008.  CANCELLATION OF LIS PENDENS.  (a)  On the motion of a party or other person interested in the result of or in property affected by a proceeding in which a lis pendens has been recorded and after notice to each affected party, the court hearing the action may cancel the lis pendens at any time during the proceeding, whether in term time or vacation, if the court determines that the party seeking affirmative relief can be adequately protected by the deposit of money into court or by the giving of an undertaking.
(b)  If the cancellation of a lis pendens is conditioned on the payment of money, the court may order the cancellation when the party seeking the cancellation pays into the court an amount equal to the total of:
(1)  the judgment sought;
(2)  the interest the court considers likely to accrue during the proceeding;  and
(3)  costs.
(c)  If the cancellation of a lis pendens is conditioned on the giving of an undertaking, the court may order the cancellation when the party seeking the cancellation gives a guarantee of payment of a judgment, plus interest and costs, in favor of the party who recorded the lis pendens.  The guarantee must equal twice the amount of the judgment sought and have two sufficient sureties approved by the court.  Not less than two days before the day the guarantee is submitted to the court for approval, the party seeking the cancellation shall serve the attorney for the party who recorded the lis pendens a copy of the guarantee and notice of its submission to the court.
Acts 1983, 68th Leg., p. 3491, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 12 - Recording of Instruments › Section 12.009. Mortgage or Deed of Trust Master Form

Sec. 12.009.  MORTGAGE OR DEED OF TRUST MASTER FORM.  (a)  A master form of a mortgage or deed of trust may be recorded in any county without acknowledgement or proof.  The master form must contain on its face the designation:  "Master form recorded by (name of person causing the recording)."
(b)  The county clerk shall index a master form under the name of the person causing the recording and indicate in the index and records that the document is a master mortgage.
(c)  The parties to an instrument may incorporate by reference a provision of a recorded master form with the same effect as if the provision were set out in full in the instrument.  The reference must state:
(1)  that the master form is recorded in the county in which the instrument is offered for record;
(2)  the numbers of the book or volume and first page of the records in which the master form is recorded;  and
(3)  a definite identification of each provision being incorporated.
(d)  If a mortgage or deed of trust incorporates by reference a provision of a master form, the mortgagee shall give the mortgagor a copy of the master form at the time the instrument is executed.  A statement in the mortgage or deed of trust or in a separate instrument signed by the mortgagor that the mortgagor received a copy of the master form is conclusive evidence of its receipt.  On written request the mortgagee shall give a copy of the master form without charge to the mortgagor, the mortgagor's successors in interest, or the mortgagor's or a successor's agent.
(e)  The provisions of the Uniform Commercial Code  prevail over this section.
Acts 1983, 68th Leg., p. 3492, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 12 - Recording of Instruments › Section 12.011. Certificate of Redemption

Sec. 12.011.  CERTIFICATE OF REDEMPTION.  An instrument issued by the United States that redeems or evidences redemption of real property from a judicial sale or from a nonjudicial sale under foreclosure of a lien, mortgage, or deed of trust may be recorded in records of conveyances in each county in which the property is located if the instrument has been issued according to the laws of the United States.
Acts 1983, 68th Leg., p. 3493, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 12 - Recording of Instruments › Section 12.012. Attachment

Sec. 12.012.  ATTACHMENT.  (a)  If an officer files a writ of attachment on real property with a county clerk, the clerk shall record the name of each plaintiff and defendant in attachment, the amount of the debt, and the officer's return in full.
(b)  A county clerk who receives a certified copy of an order quashing or vacating a writ of attachment shall record the order and the name of each plaintiff and defendant.
Acts 1983, 68th Leg., p. 3494, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 12 - Recording of Instruments › Section 12.013. Judgment

Sec. 12.013.  JUDGMENT.  A judgment of a court may be recorded if:
(1)  the judgment is of a court:
(A)  expressly created or established under the constitution or laws of this state or of the United States;
(B)  that is a court of a foreign country and that is recognized by an Act of congress or a treaty or other international convention to which the United States is a party;  or
(C)  of any other jurisdiction, territory, or protectorate entitled to full faith and credit in this state under the Constitution of the United States;  and
(2)  the judgment is attested under the signature and seal of the clerk of the court that rendered the judgment.
Acts 1983, 68th Leg., p. 3494, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1997, 75th Leg., ch. 189, Sec. 15, eff. May 21, 1997;  Acts 2001, 77th Leg., ch. 668, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 12 - Recording of Instruments › Section 12.014. Transfer of Judgment or Cause of Action

Sec. 12.014.  TRANSFER OF JUDGMENT OR CAUSE OF ACTION.  (a)  A judgment or part of a judgment of a court of record or an interest in a cause of action on which suit has been filed may be sold, regardless of whether the judgment or cause of action is assignable in law or equity, if the transfer is in writing.
(b)  A transfer under this section may be filed with the papers of the suit if the transfer is acknowledged or sworn to in the form and manner required by law for acknowledgement or swearing of deeds.
(c)  If a transfer of a judgment is filed, the clerk shall record the transfer appropriately.  If a transfer of a cause of action in which a judgment has not been rendered is filed, the clerk shall note and briefly state the substance of the transfer on the court docket at the place where the suit is entered.
(d)  A transfer filed under this section is notice to and is binding on a person subsequently dealing with the judgment or cause of action.
Acts 1983, 68th Leg., p. 3494, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 162, Sec. 3, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 628 (H.B. 587), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 12 - Recording of Instruments › Section 12.015. Judgment in Justice Court

Sec. 12.015.  JUDGMENT IN JUSTICE COURT.  (a)  On the application of a party interested in land that has been sold under an execution issued by a justice court, the justice of the peace having custody of the execution and the judgment under which it was issued shall make a certified transcript of the judgment, the execution, and the levy and return of the executing officer.
(b)  A certified transcript under this section may be recorded in the same manner as a deed.
Acts 1983, 68th Leg., p. 3495, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 12 - Recording of Instruments › Section 12.016. Power of Attorney

Sec. 12.016.  POWER OF ATTORNEY.  A power of attorney may be recorded.
Acts 1983, 68th Leg., p. 3495, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 12 - Recording of Instruments › Section 12.018. Transfer by Receiver or Conservator of Failed Depository Institution

Sec. 12.018.  TRANSFER BY RECEIVER OR CONSERVATOR OF FAILED DEPOSITORY INSTITUTION.  If a bank, savings and loan association, savings bank, or other depository institution is placed in receivership or conservatorship by a state or federal agency, instrumentality, or institution, including the Banking Department of Texas, Department of Savings and Mortgage Lending of Texas, Office of the Comptroller of the Currency, Resolution Trust Corporation, Federal Deposit Insurance Corporation, Federal Savings and Loan Insurance Corporation, or their successors, a person at any time may record an affidavit or memorandum of a sale, transfer, purchase, or acquisition agreement between the receiver or conservator of the failed depository institution and another depository institution.  If the sale, transfer, purchase, or acquisition agreement transfers or sells an interest in land or in a mortgage or other lien vested according to the real property records in the failed depository institution, a recorded affidavit or memorandum under this section is constructive notice of the transfer or sale.  The failure of the affidavit or memorandum to be executed by the record owner or of the affidavit, memorandum, or agreement to contain language of conveyance does not create a defect in title to the land or the lien.
Added by Acts 1993, 73rd Leg., ch. 1004, Sec. 1, eff. Aug. 30, 1993.  Renumbered from Property Code Sec. 12.017 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(43), eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.064, eff. September 1, 2007.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 13 - Effects of Recording › Section 13.001. Validity of Unrecorded Instrument

Sec. 13.001.  VALIDITY OF UNRECORDED INSTRUMENT.  (a)  A conveyance of real property or an interest in real property or a mortgage or deed of trust is void as to a creditor or to a subsequent purchaser for a valuable consideration without notice unless the instrument has been acknowledged, sworn to, or proved and filed for record as required by law.
(b)  The unrecorded instrument is binding on a party to the instrument, on the party's heirs, and on a subsequent purchaser who does not pay a valuable consideration or who has notice of the instrument.
(c)  This section does not apply to a financing statement, a security agreement filed as a financing statement, or a continuation statement filed for record under the Business & Commerce Code.
Acts 1983, 68th Leg., p. 3495, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 162, Sec. 4, eff. Sept. 1, 1989.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 13 - Effects of Recording › Section 13.002. Effect of Recorded Instrument

Sec. 13.002.  EFFECT OF RECORDED INSTRUMENT.  An instrument that is properly recorded in the proper county is:
(1)  notice to all persons of the existence of the instrument;  and
(2)  subject to inspection by the public.
Acts 1983, 68th Leg., p. 3495, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 2003, 78th Leg., ch. 715, Sec. 2, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 960, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 13 - Effects of Recording › Section 13.003. Instruments Previously Recorded in Other Counties

Sec. 13.003.  INSTRUMENTS PREVIOUSLY RECORDED IN OTHER COUNTIES.  The original or a certified copy of a conveyance, covenant, agreement, deed of trust, or mortgage, relating to land, that has been recorded in a county of this state other than the county where the land to which the instrument relates is located, is valid as to a creditor or a subsequent purchaser who has paid a valuable consideration and who does not have notice of the instrument only after it is recorded in the county in which the land is located.  Recording a previously recorded instrument in the proper county does not validate an invalid instrument.
Acts 1983, 68th Leg., p. 3496, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 13 - Effects of Recording › Section 13.004. Effect of Recording Lis Pendens

Sec. 13.004.  EFFECT OF RECORDING LIS PENDENS.  (a)  A recorded lis pendens is notice to the world of its contents.  The notice is effective from the time it is filed for record and indexed as provided by Section 12.007(c), regardless of whether service has been made on the parties to the proceeding.
(b)  A transfer or encumbrance of real property involved in a proceeding by a party to the proceeding to a third party who has paid a valuable consideration and who does not have actual or constructive notice of the proceeding is effective, even though the judgment is against the party transferring or encumbering the property, unless a notice of the pendency of the proceeding has been recorded and indexed under that party's name as provided by Section 12.007(c) in each county in which the property is located.
Acts 1983, 68th Leg., p. 3496, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 437 (S.B. 1187), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 13 - Effects of Recording › Section 13.005. Effect of Recording Judgment of Justice Court

Sec. 13.005.  EFFECT OF RECORDING JUDGMENT OF JUSTICE COURT.  A certified transcript of a justice court judgment recorded under Section 12.015 of this code has the same effect as a recorded deed.  A court shall admit as evidence the transcript or a copy of the transcript, if the copy is certified with the signature and seal of the clerk of the county in which the transcript is recorded, in the same manner and with the same effect as the original judgment and execution.
Acts 1983, 68th Leg., p. 3496, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 13 - Effects of Recording › Section 13.006. Effect of Recording Quitclaim Deed

Sec. 13.006.  EFFECT OF RECORDING QUITCLAIM DEED.  After the fourth anniversary of the date a quitclaim deed for real property is recorded in the deed records of the county in which the real property is located, the quitclaim deed:
(1)  does not affect the question of the good faith of a subsequent purchaser or creditor; and
(2)  is not notice to a subsequent purchaser or creditor of any unrecorded conveyance of, transfer of, or encumbrance on the real property.
Added by Acts 2021, 87th Leg., R.S., Ch. 94 (S.B. 885), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 14 - Uniform Federal Lien Registration Act › Section 14.001. Scope

Sec. 14.001.  SCOPE.  This chapter applies only to federal tax liens and to other federal liens notices of which under any Act of Congress or any regulation adopted pursuant thereto are required or permitted to be filed in the same manner as notices of federal tax liens.
Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 14 - Uniform Federal Lien Registration Act › Section 14.002. Place of Filing

Sec. 14.002.  PLACE OF FILING.  (a)  Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed in accordance with this chapter.
(b)  Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the county clerk in the county in which the real property subject to the liens is situated.
(c)  Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows:
(1)  if the person against whose interest the lien applies is a corporation or a partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the secretary of state;
(2)  in all other cases, in the office of the county clerk in the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien.
Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 14 - Uniform Federal Lien Registration Act › Section 14.003. Execution of Notices and Certificates

Sec. 14.003.  EXECUTION OF NOTICES AND CERTIFICATES.  Certification of notices of liens, certificates, or other notices affecting federal liens by the secretary of the treasury of the United States or his delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed and no other attestation, certification, or acknowledgment is necessary.
Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 14 - Uniform Federal Lien Registration Act › Section 14.005. Fee

Sec. 14.005.  FEE.  The fee for filing and indexing each notice of lien or certificate or notice affecting the lien is $10.  The filing of the same notice of lien or certificate or notice affecting a lien in both real property records and personal property files is two filings.
Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 14 - Uniform Federal Lien Registration Act › Section 14.006. Uniformity of Application and Construction

Sec. 14.006.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 14 - Uniform Federal Lien Registration Act › Section 14.007. Short Title

Sec. 14.007.  SHORT TITLE.  This chapter may be cited as the Uniform Federal Lien Registration Act.
Added by Acts 1989, 71st Leg., ch. 945, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 15 - Uniform Real Property Electronic Recording Act › Section 15.001. Short Title

Sec. 15.001.  SHORT TITLE.  This chapter may be cited as the Uniform Real Property Electronic Recording Act.
Added by Acts 2005, 79th Leg., Ch. 699 (S.B. 335), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 15 - Uniform Real Property Electronic Recording Act › Section 15.002. Definitions

Sec. 15.002.  DEFINITIONS.  In this chapter:
(1)  "Document" means information that is:
(A)  inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(B)  eligible to be recorded in the real property records maintained by a county clerk.
(2)  "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3)  "Electronic document" means a document that is received by a county clerk in an electronic form.
(4)  "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
(5)  "Paper document" means a document that is received by a county clerk in a form that is not electronic.
Added by Acts 2005, 79th Leg., Ch. 699 (S.B. 335), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 15 - Uniform Real Property Electronic Recording Act › Section 15.003. Uniformity of Application and Construction

Sec. 15.003.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to the subject matter of this chapter among states that enact a law substantially similar to this chapter.
Added by Acts 2005, 79th Leg., Ch. 699 (S.B. 335), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 15 - Uniform Real Property Electronic Recording Act › Section 15.004. Validity of Electronic Documents

Sec. 15.004.  VALIDITY OF ELECTRONIC DOCUMENTS.  (a)  If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document that complies with the requirements of this chapter.
(b)  If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
(c)  A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature.  A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
Added by Acts 2005, 79th Leg., Ch. 699 (S.B. 335), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Property Code › Title 3 - Public Records › Chapter 15 - Uniform Real Property Electronic Recording Act › Section 15.005. Recording of Documents

Sec. 15.005.  RECORDING OF DOCUMENTS.  (a)  A county clerk who implements any of the functions described by this section shall act in compliance with rules adopted by the Texas State Library and Archives Commission under Chapter 195, Local Government Code, and standards established by the Texas State Library and Archives Commission under Section 15.006.
(b)  A county clerk may:
(1)  receive, index, store, archive, and transmit electronic documents;
(2)  provide for access to, and for search and retrieval of, documents and information by electronic means;
(3)  convert paper documents accepted for recording into electronic form;
(4)  convert into electronic form information recorded before the county clerk began to record electronic documents;
(5)  accept electronically any fee or tax that the county clerk is authorized to collect; and
(6)  agree with other officials of a state, a political subdivision of a state, or the United States on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.
(c)  A county clerk who accepts electronic documents for recording shall:
(1)  continue to accept paper documents; and
(2)  place entries for paper documents and electronic documents in the same index.
Added by Acts 2005, 79th Leg., Ch. 699 (S.B. 335), Sec. 1, eff. September 1, 2005.