reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 191 - General Records Provisions Affecting Counties › Section 191.010. Authority to Require Photo Identification to File Certain Documents in Certain Counties

Sec. 191.010.  AUTHORITY TO REQUIRE PHOTO IDENTIFICATION TO FILE CERTAIN DOCUMENTS IN CERTAIN COUNTIES.  (a)  In this section, "photo identification" means one of the following forms of photo identification:
(1)  a driver's license, election identification certificate, or personal identification card issued to the person by any state or territory of the United States that has not expired or that expired no earlier than 60 days before the date of presentation;
(2)  a United States military identification card that contains the person's photograph that has not expired or that expired no earlier than 60 days before the date of presentation;
(3)  a United States citizenship certificate issued to the person that contains the person's photograph;
(4)  a United States Permanent Resident Card that has not expired or that expired no earlier than 60 days before the date of presentation;
(5)  an identification card issued by a municipality intended to serve as a general identification card for the holder that has not expired or that expired no earlier than 60 days before the date of presentation;
(6)  a federally recognized tribal enrollment card or other form of tribal identification that has not expired or that expired no earlier than 60 days before the date of presentation;
(7)  a United States passport or a passport issued by a foreign government recognized by the United States issued to the person that has not expired or that expired no earlier than 60 days before the date of presentation; or
(8)  a license to carry a concealed handgun issued to the person by the Department of Public Safety that has not expired or that expired no earlier than 60 days before the date of presentation.
(b)  A county clerk in a county that allows for electronic filing of documents in the real property records of the county may require a person presenting a document in person for filing in the real property records 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.
(c)  Information copied or recorded from the photo identification is confidential.
(d)  A document filed with a county clerk is not invalid solely because the county clerk did not copy a photo identification or record the information from the photo identification.
Added by Acts 2015, 84th Leg., R.S., Ch. 1040 (H.B. 1681), Sec. 1, eff. June 19, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 714 (H.B. 3415), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 398 (H.B. 1195), Sec. 1, eff. June 9, 2023.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 191 - General Records Provisions Affecting Counties › Section 191.011. Authority of Clerks to Obtain and Retain Identifying Information in Certain Counties

Sec. 191.011.  AUTHORITY OF CLERKS TO OBTAIN AND RETAIN IDENTIFYING INFORMATION IN CERTAIN COUNTIES.  (a)  In this section:
(1)  "Biometric information" means a retina or iris scan, digital or electronic fingerprint scan, voiceprint, or record of hand or face geometry.
(2)  "Electronic storage" has the meaning assigned by Section 205.001.
(3)  "Ex officio service" has the meaning assigned by Section 118.023.
(4)  "Identifying information" means information in any form, other than biometric information, that may be used to identify an individual.  The term includes information derived from:
(A)  a driver's license, personal identification card, or other document, regardless of the intended use of the document;
(B)  a photograph;
(C)  a recording of the individual's image or voice, including a video or audio recording; or
(D)  any other physical or electronic source.
(5)  "Public service" means a service related to an official governmental power, duty, program, or activity. The term does not include an incidental service provided only as a courtesy to a member of the public.
(b)  A county clerk or district clerk in a county that allows for electronic filing or recording of documents or other instruments 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 individual:
(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.
(c)  A county clerk or district clerk may maintain identifying information copied or recorded under this section in an electronic storage format.
(d)  Except as otherwise required or authorized by law, a county clerk or district clerk may not charge a fee to copy or record identifying information.
(e)  Identifying information copied or recorded under this section is confidential except for use in a criminal investigation or prosecution or a related civil court proceeding.
Added by Acts 2017, 85th Leg., R.S., Ch. 899 (H.B. 3492), Sec. 1, eff. June 15, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 398 (H.B. 1195), Sec. 2, eff. June 9, 2023.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 192 - Instruments to Be Recorded by Counties › Section 192.001. General Items

Sec. 192.001.  GENERAL ITEMS.  The county clerk shall record each deed, mortgage, or other instrument that is required or permitted by law to be recorded.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 192 - Instruments to Be Recorded by Counties › Section 192.0015. Subdivision Plat

Sec. 192.0015.  SUBDIVISION PLAT.  In recording a plat or replat of a subdivision of real property, the county clerk and a deputy of the clerk are subject to the requirements and prohibitions established by Section 12.002, Property Code.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 3.07, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 192 - Instruments to Be Recorded by Counties › Section 192.002. Military Discharge Records

Sec. 192.002.  MILITARY DISCHARGE RECORDS.  (a)  The county clerk shall record the official discharge of persons who after 1915 have served as members of the United States armed forces, the United States armed forces reserve, or an armed forces auxiliary.
(b)  The county clerk may not charge a fee for the recording and keeping of a military discharge record.
(c)(1) This subsection applies only in relation to a military discharge record that is recorded with a county clerk under this section before September 1, 2003.
(2)  The veteran who is the subject of the record or the legal guardian of the veteran may direct, in writing, that the county clerk destroy all copies of the record that the county clerk makes readily available to the public for purposes of Section 191.006, such as paper copies of the record in the county courthouse or a courthouse annex, microfilm or microfiche copies of the record in the county courthouse or a courthouse annex, and electronic copies of the record that are available to the public.  The county clerk shall comply with the direction within 15 business days after the date the direction is received.  The county clerk's compliance does not violate any law of this state relating to the preservation, destruction, or alienation of public records.  The direction to destroy the copies of the record, the county clerk's compliance, and any delay between the time the direction is made and the time the county clerk destroys the copies may not be used to limit or restrict the public's access to the real property records of the county.
(3)  A county clerk who receives a request under Chapter 552, Government Code, for inspection or duplication of a military discharge record recorded before September 1, 2003, is only required to search for the record in places where or media in which the county clerk makes records readily available to the public for purposes of Section 191.006, such as paper records stored in the county courthouse or a courthouse annex, microfilmed or microfiched records stored in the county courthouse or a courthouse annex, and electronically stored records made available to the public.  This subdivision does not apply to a request made by the veteran who is the subject of the military discharge record or the legal guardian of the veteran.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 438, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 192 - Instruments to Be Recorded by Counties › Section 192.003. Records of New or Enlarged County

Sec. 192.003.  RECORDS OF NEW OR ENLARGED COUNTY.  (a)  If a new county is created in whole or in part from the territory of another county or if territory is added to an existing county from another county, the commissioners court of the new county or the enlarged county shall require the county clerk to rerecord each deed, mortgage, conveyance, encumbrance, or muniment of title that affects or relates to real property in the territory taken from the other county and that is recorded in the other county.  If the territory is acquired from more than one county, the clerk shall maintain separate sets of records for the records obtained from each county.  The records shall be indexed and arranged as provided by law.
(b)  After the records are legibly rerecorded, the county clerk or the clerk's deputies who rerecorded them shall compare them with the original record.  The county clerk or the clerk's deputies who rerecorded the records shall certify to the correctness of the records under their official oath and shall impress the commissioners court's seal on the records.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 192 - Instruments to Be Recorded by Counties › Section 192.005. Certain Probate Records

Sec. 192.005.  CERTAIN PROBATE RECORDS.  The commissioners court of a county may require the county clerk to record any previously unrecorded probate records if the commissioners court determines that the recording is necessary.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 192 - Instruments to Be Recorded by Counties › Section 192.006. County Court Records

Sec. 192.006.  COUNTY COURT RECORDS.  (a)  The county clerk is the custodian of the records of the county court in civil and criminal cases and in matters of probate.  The county clerk shall record each act and proceeding of the county court, record under direction of the judge each judgment of the court, and record the issuance of and return on each execution issued by the court.
(b)  The county clerk shall keep the records of the county court properly indexed and arranged.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 52, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 192 - Instruments to Be Recorded by Counties › Section 192.007. Records of Releases and Other Actions

Sec. 192.007.  RECORDS OF RELEASES AND OTHER ACTIONS.  (a)  To release, transfer, assign, or take another action relating to an instrument that is filed, registered, or recorded in the office of the county clerk, a person must file, register, or record another instrument relating to the action in the same manner as the original instrument was required to be filed, registered, or recorded.
(b)  An entry, including a marginal entry, may not be made on a previously made record or index to indicate the new action.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 53, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 193 - Recording and Indexing by Counties › Section 193.001. Manner of Recording

Sec. 193.001.  MANNER OF RECORDING.  (a)  The county clerk shall record instruments filed for recording in the order that they are filed.  The clerk shall record each instrument with any acknowledgment, proof, affidavit, or certificate that is attached to it.
(b)  The clerk shall note at the foot of the record the date and time that the instrument was filed for recording, but if the instrument was recorded electronically the clerk may note on the first page of the instrument the recording information, including the date and time.
(c)  If an instrument that is filed for recording is acknowledged or proved in the manner prescribed by law for record, the clerk shall make a record of the names of the parties to the instrument in alphabetical order, the date of the instrument, the nature of the instrument, and the time that the instrument was filed.  If required, the clerk shall give the person who files the instrument a receipt stating this information.
(d)  The clerk shall certify under the clerk's signature and seal of office the date and time that the instrument is recorded and the specific location in the records at which the instrument is recorded.  After recording the instrument, the clerk shall deliver the instrument to the person who is entitled to it.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 86 (S.B. 580), Sec. 1, eff. May 14, 2007.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 193 - Recording and Indexing by Counties › Section 193.002. Classification and Index of Records Not on Microfilm

Sec. 193.002.  CLASSIFICATION AND INDEX OF RECORDS NOT ON MICROFILM.  (a)  A county clerk or clerk of a county court who does not maintain records on microfilm as provided by Chapter 204 and rules adopted under that chapter may divide the instruments received for filing, registering, or recording into the seven classes provided by Section 193.008(b) and may consolidate records in the manner provided by Section 193.008(d).
(b)  Classes of records maintained as provided by this section shall be indexed and cross-indexed, to the extent practicable, as required by Sections 193.009, 193.010, and 193.011.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 54, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 193 - Recording and Indexing by Counties › Section 193.003. Index to Real Property Records

Sec. 193.003.  INDEX TO REAL PROPERTY RECORDS.  (a)  The county clerk shall maintain an alphabetical index to all recorded deeds, powers of attorney, mortgages, correction instruments, findings of fact and conclusions of law entered under Section 5.0261, Property Code, and other instruments relating to real property.  The index must state the specific location in the records at which the instruments are recorded.
(b)  The index must be a cross-index that contains the names of the grantors and grantees in alphabetical order.  If a deed is made by a sheriff, the index entry must contain the name of the sheriff and the defendant in execution.  If a deed is made by an executor, administrator, or guardian, the index entry must contain the name of that person and the name of the person's testator, intestate, or ward.  If a deed is made by an attorney, the index entry must contain the name of the attorney and the attorney's constituents.  If a deed is made by a commissioner or trustee, the index entry must contain the name of the commissioner or trustee and the name of the person whose estate is conveyed.  The index entry for a correction instrument must contain the names of the grantors and grantees as stated in the correction instrument.  The index entry for a finding of fact and conclusion of law entered under Section 5.0261, Property Code, must contain the names of the grantors and grantees as stated in the subject conveyance instrument.  The index entry for a paper document described by Section 12.0011(b)(3), Property Code, must contain the names of the grantors and grantees.
(c)  This section does not apply to records classified and indexed in the manner required for records on microfilm by Sections 193.008 and 193.009.
(d)  In this section, "correction instrument" means an instrument correcting an ambiguity or error in a recorded original instrument of conveyance to transfer real property or an interest in real property as described by Section 5.028 or 5.029, Property Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 55, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 189 (S.B. 584), Sec. 1, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 678 (S.B. 2128), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 532 (S.B. 30), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 193 - Recording and Indexing by Counties › Section 193.004. Index to Judgments

Sec. 193.004.  INDEX TO JUDGMENTS.  (a)  The county clerk shall maintain a well-bound alphabetical index to all suits filed in the county court.  The index must be a cross-index that states in full and in alphabetical order the names of the parties to a filed suit.  The index must state opposite each name the specific location in the records at which the judgment in the case is recorded.
(b)  This section does not apply to records classified and indexed in the manner required for records on microfilm by Sections 193.008 and 193.009.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 56, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 193 - Recording and Indexing by Counties › Section 193.005. Indexes to Other Records

Sec. 193.005.  INDEXES TO OTHER RECORDS.  (a)  In a manner similar to that by which the index to real property records is maintained, the county clerk shall maintain an alphabetical index to all recorded instruments relating to goods, chattels, and other personal property, marriage contracts, and other instruments authorized or permitted to be recorded in the clerk's office.
(b)  The clerk also shall maintain a similar index of the records of official bonds.  The index for official bonds must include the names of the officers appointed, the names of the obligors on the recorded bonds, and a reference to the specific location in the records where the bonds are recorded.
(c)  This section does not apply to records classified and indexed in the manner required for records on microfilm by Sections 193.008 and 193.009.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 57, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 193 - Recording and Indexing by Counties › Section 193.007. Translation of County Records

Sec. 193.007.  TRANSLATION OF COUNTY RECORDS.  (a)  The commissioners court of a county may require the county clerk to have translated into English and recorded all or part of a county record or archive that is written in Spanish and that relates to a title to real property.
(b)  The court may not contract to pay more than 15 cents for each 100 words for the translation and the recording.
(c)  An English translation prepared and recorded under this section has the same effect as if the instrument were originally written in English.  A person may use a certified copy of the English translation for all purposes for which the original instrument or a certified copy of the original instrument may be used.
(d)  Repealed by Acts 1989, 71st Leg., ch. 1248, Sec. 85(4), eff. Sept. 1, 1989.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 85(4), eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 193 - Recording and Indexing by Counties › Section 193.008. Classification of Records on Microfilm

Sec. 193.008.  CLASSIFICATION OF RECORDS ON MICROFILM.  (a)  If a county clerk or clerk of a county court chooses to maintain records on microfilm as provided by Chapter 204 and rules adopted under that chapter, the clerk shall divide the instruments received for filing, registering, or recording into seven classes for recording on microfilm.
(b)  The seven classes of microfilm records are:
(1)  records relating to real property, known as "Official Public Records of Real Property";
(2)  records relating to receivables, chattels, and personal property, known as "Official Public Records of Personal Property and Chattels";
(3)  records relating to probate matters, known as "Official Public Records of Probate Courts";
(4)  records relating to county civil court matters, known as "Official Public Records of County Civil Courts";
(5)  records relating to county criminal court matters, known as "Official Public Records of County Criminal Courts";
(6)  records relating to matters in the commissioners court, known as "Official Public Records of Commissioners Court";  and
(7)  records relating to an individual, a business entity, or a governmental agency, other than a property record or a court record, known as "Official Public Records of Governmental, Business, and Personal Matters."
(c)  The clerk shall record each class of record on a separate series of rolls of microfilm or in a separate series of discrete groups of discrete microfilm images.  Each roll of microfilm or separate series of groups of microfilm images is considered to be a bound volume or book.
(d)  The clerk may consolidate the records described by Subsections (b)(1) and (7) into a single class known as "Official Public Records."
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 58, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 193 - Recording and Indexing by Counties › Section 193.009. Indexing of Records on Microfilm

Sec. 193.009.  INDEXING OF RECORDS ON MICROFILM.  (a)  An instrument that is recorded and classified on microfilm as provided by Section 193.008 must be alphabetically indexed and cross-indexed in the indexes to that official public record under the names of the parties identified in the instrument.
(b)  The index entry for an instrument recorded in the official public records of real property, personal property and chattels, or governmental, business, and personal matters must give:
(1)  the names of the parties to the instrument;
(2)  a brief description of the nature of the instrument;
(3)  the date of filing;
(4)  a brief description of the property, if any;  and
(5)  the location of the microfilm image of the instrument by roll or group number and by image number, or by another suitable method permissible under rules adopted under Chapter 204.
(c)  The index entry for an instrument recorded in the official public records of probate courts, county civil courts, county criminal courts, or the commissioners court must give information that would assist in further identifying the cause or action, including:
(1)  the names of the parties to the action, except an action in the commissioners court;
(2)  the nature of the cause or action;
(3)  the date the cause or action was opened or taken;
(4)  the court in which the cause or action lies;
(5)  the docket number;  and
(6)  the location of the microfilm image of the instrument by roll or group number and by image number, or by another suitable method permissible under rules adopted under Chapter 204.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 58, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 193 - Recording and Indexing by Counties › Section 193.010. Revision of Indexes of Records on Microfilm

Sec. 193.010.  REVISION OF INDEXES OF RECORDS ON MICROFILM.  (a)  The indexes must be periodically revised throughout the year to obtain a complete alphabetical index to each of the classes of official public records for each calendar year.
(b)  The clerk may not make a marginal entry to a previously completed index.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 58, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 193 - Recording and Indexing by Counties › Section 193.011. Registers of Court Records on Microfilm

Sec. 193.011.  REGISTERS OF COURT RECORDS ON MICROFILM.  (a)  A current register of court docket numbers must be maintained in numerical order for each type of court record included in an official public record.
(b)  An entry in a register maintained under this section must include essentially the same information as is included in the equivalent index entry under Section 193.009.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 58, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 193 - Recording and Indexing by Counties › Section 193.012. Return of Original Instruments

Sec. 193.012.  RETURN OF ORIGINAL INSTRUMENTS.  After an original instrument that is not involved in or related to a court matter or proceeding has been microfilmed and the microfilm has satisfied the requirements of Chapter 204 and rules adopted under that chapter, the county clerk shall return the original instrument to the person who filed it for record.
Added by Acts 1989, 71st Leg., ch. 1248, Sec. 58, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 193 - Recording and Indexing by Counties › Section 193.013. Computerized Index for Certain Records

Sec. 193.013.  COMPUTERIZED INDEX FOR CERTAIN RECORDS.  An index for a record listed in Section 193.008(b) may be stored or maintained by computer if a security or backup copy of the index is created on a daily basis and stored in a climate-controlled location that is equipped with fire alarms and sprinklers.  The storage location must be separate from the building in which the computer is located.
Added by Acts 1989, 71st Leg., ch. 1064, Sec. 1, eff. June 16, 1989.  Renumbered from Sec. 194.0065 and amended by Acts 1999, 76th Leg., ch. 62, Sec. 13.06(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 195 - Electronic Filing of Records With and Recording by County Clerk › Section 195.001. Definitions

Sec. 195.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas State Library and Archives Commission.
(2)  "Director and librarian" means the executive and administrative officer of the Texas State Library and Archives Commission.
(3)  "Electronic document" has the meaning assigned by Section 15.002, Property Code.
Added by Acts 1999, 76th Leg., ch. 58, Sec. 2, eff. May 10, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 699 (S.B. 335), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 195 - Electronic Filing of Records With and Recording by County Clerk › Section 195.002. Adoption of Rules

Sec. 195.002.  ADOPTION OF RULES.  (a)  The commission shall adopt rules by which a county clerk may accept electronic documents and other instruments by electronic filing and record electronic documents and other instruments electronically under Section 191.009.
(b)  The rules must provide for:
(1)  the electronic filing with and recording by the county clerk of:
(A)  real property records; 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.
(c)  Rules adopted by the commission under this section that permit the use of digital signatures in the electronic filing of electronic documents or other instruments with the county clerk must be, to the extent practicable, consistent with rules governing digital signatures adopted by the Department of Information Resources under Section 2054.060, Government Code.
(d)  Before adopting or amending a rule under this section, the commission shall consider the recommendations of the Electronic Recording Advisory Committee established under Section 195.008.
(e)  Notwithstanding Sections 322.017 and 322.018, Business & Commerce Code, a county clerk may accept any filed electronic record, as defined by Section 322.002, Business & Commerce Code, or electronic document and may electronically record that electronic document or record if the filing and recording of that electronic document or record complies with rules adopted by the commission under this section.
Added by Acts 1999, 76th Leg., ch. 58, Sec. 2, eff. May 10, 1999.  Amended by Acts 2001, 77th Leg., ch. 702, Sec. 3, eff. January 1, 2002.
Amended by:
Acts 2005, 79th Leg., Ch. 699 (S.B. 335), Sec. 4, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.24, eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 195 - Electronic Filing of Records With and Recording by County Clerk › Section 195.003. Persons Authorized to File Electronically

Sec. 195.003.  PERSONS AUTHORIZED TO FILE ELECTRONICALLY.  (a)  The following persons may file electronic documents or other documents electronically for recording with a county clerk that accepts electronic filing and recording under this chapter:
(1)  an attorney licensed in this state;
(2)  a bank, savings and loan association, savings bank, or credit union doing business under laws of the United States or this state;
(3)  a federally chartered lending institution, a federal government-sponsored entity, an instrumentality of the federal government, or a person approved as a mortgagee by the United States to make federally insured loans;
(4)  a person licensed to make regulated loans in this state;
(5)  a title insurance company or title insurance agent licensed to do business in this state;
(6)  an agency of this state; or
(7)  a municipal clerk.
(a-1)  In addition to persons listed under Subsection (a), a county may authorize a person to file electronic documents or other documents electronically for recording with a county clerk if the county enters into a memorandum of understanding with the person for that purpose.  This subsection applies only to a county with a population of 500,000 or more.
(b)  A fee may not be charged to a person authorized to file under this section, except as provided by Section 195.006 or 195.007.
Added by Acts 1999, 76th Leg., ch. 58, Sec. 2, eff. May 10, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 699 (S.B. 335), Sec. 4, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1260 (H.B. 2048), Sec. 21, eff. June 18, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 793 (S.B. 1437), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 195 - Electronic Filing of Records With and Recording by County Clerk › Section 195.004. Notice of Confirmation

Sec. 195.004.  NOTICE OF CONFIRMATION.  (a)  A county clerk that accepts electronic filing and recording under this chapter shall confirm or reject an electronic filing of an electronic document or other instrument not later than the first business day after the date the electronic document or other instrument is filed.  Notice under this section must be made:
(1)  by electronic means if possible; or
(2)  if notice under Subdivision (1) is not possible, by telephone or electronic facsimile machine.
(b)  If the county clerk fails to provide notice of rejection within the time provided by Subsection (a), the electronic document or other instrument is considered accepted for filing and may not subsequently be rejected.
Added by Acts 1999, 76th Leg., ch. 58, Sec. 2, eff. May 10, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 699 (S.B. 335), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 195 - Electronic Filing of Records With and Recording by County Clerk › Section 195.005. Time Electronic Document or Other Instrument Considered Filed or Recorded

Sec. 195.005.  TIME ELECTRONIC DOCUMENT OR OTHER INSTRUMENT CONSIDERED FILED OR RECORDED.  An electronic document or other instrument that is recorded electronically under this chapter is considered to be recorded in compliance with a law relating to the recording of electronic documents or other instruments as of the county clerk's business day on which the electronic document or other instrument is filed electronically.  An electronic document or other instrument filed electronically under this chapter must be recorded as timely as an instrument filed by any other means.
Added by Acts 1999, 76th Leg., ch. 58, Sec. 2, eff. May 10, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 699 (S.B. 335), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 195 - Electronic Filing of Records With and Recording by County Clerk › Section 195.006. Additional Fee Prohibited

Sec. 195.006.  ADDITIONAL FEE PROHIBITED.  The fee to file or record an electronic document or other instrument electronically under this chapter is the same as the fee for filing or recording the instrument by other means, and a county clerk may not charge an additional fee for filing or recording an electronic document or other instrument electronically under this chapter.
Added by Acts 1999, 76th Leg., ch. 58, Sec. 2, eff. May 10, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 699 (S.B. 335), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 195 - Electronic Filing of Records With and Recording by County Clerk › Section 195.007. Access to Electronic Document or Other Instrument Recorded Electronically

Sec. 195.007.  ACCESS TO ELECTRONIC DOCUMENT OR OTHER INSTRUMENT RECORDED ELECTRONICALLY.  (a)  An electronic document or other instrument filed or recorded electronically must be available for public inspection in the same manner and at the same time as an instrument filed or recorded by other means.
(b)  The county clerk shall provide a requestor, as defined by Section 552.003, Government Code, of an electronic document or other instrument filed or recorded electronically under this chapter with electronic copies of the electronic document or other instrument in a form that is capable of being processed by the use of technology that is generally available and nonproprietary in nature.  The county clerk shall provide the copies to the requestor at the cost of producing the copies in accordance with Section 552.262, Government Code.
Added by Acts 1999, 76th Leg., ch. 58, Sec. 2, eff. May 10, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 699 (S.B. 335), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 195 - Electronic Filing of Records With and Recording by County Clerk › Section 195.008. Electronic Recording Advisory Committee

Sec. 195.008.  ELECTRONIC RECORDING ADVISORY COMMITTEE.  (a)  The Electronic Recording Advisory Committee shall be appointed as required by this section to recommend to the commission initial and subsequent rules to be adopted under this chapter.
(b)  The committee consists of:
(1)  the following persons appointed by the director and librarian:
(A)  one person who is employed by or is an officer of a title insurance agent or title insurance company;
(B)  an officer or employee of a federal government-sponsored entity;
(C)  a person who as a usual business practice obtains copies of recorded instruments from a county clerk to maintain an abstract or title plant; and
(D)  a public representative;
(2)  two persons who are county judges or county commissioners appointed by the County Judges and Commissioners Association of Texas;
(3)  four county clerks appointed by the County and District Clerks' Association of Texas;
(4)  three persons who are employed by or officers of different title insurance agents or companies appointed by the Texas Land Title Association;
(5)  the presiding officer of the Title Insurance Subcommittee of the Real Estate, Probate, and Trust Law section of the State Bar of Texas or the functional equivalent of that subcommittee;
(6)  the attorney general or a person designated by the attorney general;
(7)  the comptroller or a person designated by the comptroller;
(8)  the executive director of the Texas Facilities Commission or a person designated by the executive director;
(9)  the executive director of the Department of Information Resources or a person designated by the executive director; and
(10)  the director and librarian or a person designated by the director and librarian, who also serves as presiding officer of the committee.
(c)  A member of the committee serves a term of two years that expires on August 31 of each odd-numbered year.
(d)  A vacancy in the membership of the committee is filled in the same manner as the initial appointment and is for the remainder of the unexpired term.
(e)  A meeting of the committee is at the call of the presiding officer and is subject to Chapter 551, Government Code.
(f)  A member of the committee is not entitled to compensation or reimbursement of expenses from the commission for serving on the committee.  A member of the committee who is an employee or officer of a state agency is entitled to compensation and reimbursement of expenses for service on the committee as determined by the state agency of which the member is an officer or employee.  Chapter 2110, Government Code, does not apply to the committee.
Added by Acts 1999, 76th Leg., ch. 58, Sec. 2, eff. May 10, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 123, eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle B - County Records › Chapter 195 - Electronic Filing of Records With and Recording by County Clerk › Section 195.009. Filing

Sec. 195.009.  FILING.  For purposes of this chapter, an electronic document or other instrument is filed with the county clerk when it is received by the county clerk, unless the county clerk rejects the filing within the time and manner provided by this chapter and rules adopted under this chapter.
Added by Acts 2001, 77th Leg., ch. 702, Sec. 4, eff. January 1, 2002.
Amended by:
Acts 2005, 79th Leg., Ch. 699 (S.B. 335), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 201 - General Provisions › Section 201.001. Short Title

Sec. 201.001.  SHORT TITLE.  This subtitle may be cited as the Local Government Records Act.
Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 201 - General Provisions › Section 201.002. Purpose

Sec. 201.002.  PURPOSE.  Recognizing that the citizens of the state have a right to expect, and the state has an obligation to foster, efficient and cost-effective government and recognizing the central importance of local government records in the lives of all citizens, the legislature finds that:
(1)  the efficient management of local government records is necessary to the effective and economic operation of local and state government;
(2)  the preservation of local government records of permanent value is necessary to provide the people of the state with resources concerning their history and to document their rights of citizenship and property;
(3)  convenient access to advice and assistance based on well-established and professionally recognized records management techniques and practices is necessary to promote the establishment of sound records management programs in local governments, and the state can provide the assistance impartially and uniformly;  and
(4)  the establishment of uniform standards and procedures for the maintenance, preservation, microfilming, or other disposition of local government records is necessary to fulfill these important public purposes.
Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 201 - General Provisions › Section 201.004. Record Books

Sec. 201.004.  RECORD BOOKS.  If a state law relating to the keeping of records by a local government officer or employee requires the records to be kept in a "book," "record book," or "well-bound book," or contains any similar requirement that a record be maintained in bound paper form, the record whose creation is called for in the provision may be maintained on microfilm or stored electronically in accordance with the requirements of Chapters 204 and 205 and rules adopted under those chapters unless the law specifically prohibits those methods.
Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 201 - General Provisions › Section 201.005. Declaration of Records as Public Property; Access

Sec. 201.005.  DECLARATION OF RECORDS AS PUBLIC PROPERTY;  ACCESS.  (a)  Local government records created or received in the transaction of official business or the creation or maintenance of which were paid for by public funds are declared to be public property and are subject to the provisions of this subtitle and Subchapter J, Chapter 441, Government Code.
(b)  A local government officer or employee does not have, by virtue of the officer's or employee's position, any personal or property right to a local government record even though the officer or employee developed or compiled it.
Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 201 - General Provisions › Section 201.006. Records to Be Delivered to Successor in Office

Sec. 201.006.  RECORDS TO BE DELIVERED TO SUCCESSOR IN OFFICE.  (a)  A custodian of local government records shall, at the expiration of the custodian's term of office, appointment, or employment, deliver to the custodian's successor, if there is one, all local government records in custody.  If there is no successor, the governing body shall determine which officer of the local government shall have custody.
(b)  If the functions of an office of one local government are assumed by another local government, the governing bodies of the two local governments shall determine in which local government custody of the records of the office shall be vested.
Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 201 - General Provisions › Section 201.008. Records of Abolished Offices of County Superintendents of Schools

Sec. 201.008.  RECORDS OF ABOLISHED OFFICES OF COUNTY SUPERINTENDENTS OF SCHOOLS.  (a)  Records of an office of county superintendent of schools or county superintendent of education abolished under former Section 17.95, Education Code, before September 1, 1989, that are still in the possession of a custodian of county records or a county officer shall be transferred to the custody of the commission by order of the director and librarian.
(b)  The director and librarian shall determine the time and manner of the transfer of the records on a county-by-county basis.  The cost of the transfer shall be paid for out of funds of the commission.
(c)  The county judge of a county in which a custodian of county records has possession of the records of an abolished office of the county superintendent of schools may petition the director and librarian to allow the county to retain all or part of the records and the director and librarian may grant the petition.
Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 165, Sec. 6.70, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 6 - Records › Subtitle C - Records Provisions Applying to More Than One Type of Local Government › Chapter 201 - General Provisions › Section 201.009. Access to Records

Sec. 201.009.  ACCESS TO RECORDS.  (a)  Local government records are subject to Chapter 552, Government Code.
(b)  Any local government record to which public access is denied under Chapter 552, Government Code, including a birth record maintained by a local registrar, is, if still in existence, open to public inspection 75 years after it was originally created or received.  However, a death record maintained by a local registrar is, if still in existence, open to public inspection 55 years after it was originally created or received.  This subsection does not limit the authority of a governing body or an elected county officer to establish retention periods for records under Section 203.042.
(c)  Subsection (b) does not apply to a local government record whose public disclosure is prohibited by an order of a court or by another state law.
Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 1, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(90), eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 462 (S.B. 1907), Sec. 2, eff. September 1, 2011.