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Statutes > Texas > Civil-practice-and-remedies-code > Title-2-trial-judgment-and-appeal > Chapter-19-lost-records

CIVIL PRACTICE AND REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

SUBTITLE B. TRIAL MATTERS

CHAPTER 19. LOST RECORDS

Sec. 19.001. APPLICATION OF CHAPTER. This chapter applies to:

(1) a deed, bond, bill of sale, mortgage, deed of trust, power

of attorney, or conveyance that is required or permitted by law

to be acknowledged or recorded and that has been acknowledged or

recorded; or

(2) a judgment, order, or decree of a court of record of this

state.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 19.002. PAROL PROOF. A person may supply a lost,

destroyed, or removed record by parol proof of the record's

contents as provided by this chapter.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 19.003. APPLICATION FOR RELIEF. (a) To supply a record

that has been lost, destroyed, or removed:

(1) a person interested in an instrument or in a judgment,

order, or decree of the district court may file an application

with the district clerk of the county in which the record was

lost or destroyed or from which the record was removed; or

(2) a person interested in a judgment, order, or decree of a

county court may file an application with the clerk of the court

to which the record belonged.

(b) The application must be in writing and must set forth the

facts that entitle the applicant to relief.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 19.004. CITATION. (a) If an application is filed to

supply a record, the clerk shall issue a citation to the

following, as applicable, or to the person's heirs or legal

representatives:

(1) each grantor of property, in the case of a record of a deed;

(2) an interested party, in the case of an instrument other than

a deed; or

(3) a party adversely interested to the applicant at the time of

the rendition, in the case of a judgment, order, or decree.

(b) The citation must direct the person to whom it is issued to

appear at a designated term of the court to contest the

applicant's right to record a substitute.

civil cases.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 19.005. ORDER. (a) On hearing an application to supply a

record, if the court is satisfied from the evidence of the

previous existence and content of the record and of its loss,

destruction, or removal, the court shall enter on its minutes an

order containing its findings and a description of the record and

its contents.

(b) A certified copy of the order may be recorded in the proper

county.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 19.006. EFFECT OF ORDER. The order supplying the record:

(1) stands in the place of the original record;

(2) has the same effect as the original record;

(3) if recorded, may be used as evidence in a court of the state

as though it were the original record; and

(4) carries the same rights as the original record, including:

(A) preserving liens from the date of the original record; and

(B) giving parties the right to issue execution under the order

as under the original record.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 19.007. METHOD NOT EXCLUSIVE. The method provided by this

chapter for supplying a record is in addition to other methods

provided by law.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 19.008. RERECORDATION OF ORIGINAL DOCUMENT. Rerecordation

of the original document within four years after the date a

record of an instrument, judgment, order, or decree was lost,

destroyed, or removed is effective from the time of the original

recordation.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 19.009. CERTIFIED COPY. If the loss, destruction, or

removal of an original county record is established, a certified

copy of the record from the records of that county or from the

records of the county from which that county was created may be

recorded in the county.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.