CHAPTER 191. GENERAL RECORDS PROVISIONS AFFECTING COUNTIES

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LOCAL GOVERNMENT CODE

TITLE 6. RECORDS

SUBTITLE B. COUNTY RECORDS

CHAPTER 191. GENERAL RECORDS PROVISIONS AFFECTING COUNTIES

Sec. 191.001. COUNTY RECORDER; SEAL; GENERAL DUTIES. (a) As

provided by Article V, Section 20, of the Texas Constitution, the

county clerk of a county serves as the county recorder.

(b) The county clerk shall use the county court seal to

authenticate all of the clerk's official acts as county recorder.

in the manner provided by this subtitle, the contents of each

instrument that is filed for recording and that the clerk is

authorized to record.

(d) The county clerk shall keep the records properly indexed and

arranged as provided by this subtitle.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 49, eff. Sept. 1,

1989.

Sec. 191.002. RECORDS TO BE KEPT IN WELL-BOUND BOOKS OR ON

MICROFILM OR OTHER MEDIA. When the county clerk records an

instrument, the clerk shall do so in a suitable well-bound book.

However, this requirement does not apply to an instrument

recorded and maintained on microfilm or other medium as provided

by Chapters 204 and 205 and rules adopted under those chapters.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 50, eff. Sept. 1,

1989.

Sec. 191.003. EFFECTIVE DATE OF RECORDING. An instrument filed

with a county clerk for recording is considered recorded from the

time that the instrument is filed.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 191.004. ATTESTED COPIES. (a) On demand, the county clerk

shall give an attested copy of any instrument that is recorded in

the clerk's office.

(b) The fee provided by law for an attested copy shall be paid

to the clerk.

maintained under the vital statistics laws of this state as

provided by Title 3, Health and Safety Code. The county clerk

shall allow access to and give attested copies of those records

only as provided by the vital statistics laws, rules adopted

under those laws, and Chapter 552, Government Code.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 43(a), eff. Aug. 28,

1989; Acts 1989, 71st Leg., ch. 920, Sec. 2, eff. Sept. 1, 1989;

Acts 2003, 78th Leg., ch. 1192, Sec. 2, eff. Sept. 1, 2003.

Sec. 191.005. EFFECT OF COPY. If made and recorded as provided

by law, a transcribed record, a translation of a Spanish archive,

a rerecorded deed, any other instrument required by law to be

recorded, or a certified copy of such a record has the same

effect as the original record.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 191.006. PUBLIC ACCESS TO RECORDS. All records belonging

to the office of the county clerk to which access is not

otherwise restricted by law or by court order shall be open to

the public at all reasonable times. A member of the public may

make a copy of any of the records.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 51, eff. Sept. 1,

1989.

Sec. 191.007. SPECIFICATIONS FOR LEGAL PAPERS; INCREASED FEES.

(a) A legal paper presented to a county clerk for filing or for

recording in any county must meet the requirements prescribed by

Subsections (b) through (g). Except as provided by this section,

a county clerk may not impose additional requirements or fees for

filing or recording a legal paper.

(b) A page is considered to be one side of a sheet of paper. A

page must:

(1) be no wider than 8-1/2 inches and no longer than 14 inches;

(2) have a sufficient weight and substance so that printing,

typing, or handwriting on it will not smear or bleed through; and

(3) be printed in type not smaller than eight-point type and be

suitable otherwise for reproducing from it a readable record by a

photocopy or photostatic or microphotographic process used in the

office of the county clerk.

clearly identifying heading, similar to the headings on most

commercially supplied printed forms, must be placed at the top of

the first page to identify the type or kind of legal paper.

(d) Printing, typing, and handwriting must be clearly legible.

(e) Names must be legibly typed or printed immediately under

each signature.

(f) All photostats, photocopies, and other types of reproduction

must have black printing, typing, or handwriting on a white

background, commonly known as positive prints.

(g) Riders and attachments must comply with the size requirement

prescribed by Subsection (b) and shall not be larger than the

size of the page. Only one rider or attachment may be included in

or attached to a page.

(h) The filing fee or recording fee for each page of a legal

paper that is presented for filing or recording to a county clerk

and fails to meet one or more of the requirements prescribed by

Subsections (b) through (g) is equal to twice the regular filing

fee or recording fee provided by statute for that page. However,

the failure of a page to meet the following requirements does not

result in a fee increase under this subsection:

(1) the requirement prescribed by Subsection (b)(3) relating to

type size; and

(2) provided that the legal paper complies with Section

11.008(c), Property Code, the requirement prescribed by

Subsection (c) that a legal paper have a clearly identifying

heading.

(i) If a page of a legal paper has more riders or attachments

than one, the filing fee or recording fee for each rider or

attachment in excess of one is twice the regular filing fee or

recording fee provided by statute.

(j) If a page of a legal paper has one or more riders or

attachments larger than the permitted size, the filing fee or

recording fee for each oversized rider or attachment is twice the

regular filing fee or recording fee provided by statute for the

rider or attachment.

(k) This section does not authorize a county clerk to refuse to

record a legal paper for the reason that it fails to meet one or

more of the requirements prescribed by Subsections (b) through

(g). Failure to comply with these requirements shall not in any

manner alter, amend, impair, or invalidate any document or legal

instrument of any type or character and upon recordation by the

county clerk the document or legal instrument shall be deemed and

considered as fully complying with the provisions of law dealing

with the recordation of documents or legal instruments of every

type and character.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 20(c), eff. Aug. 28,

1989. Amended by Acts 1993, 73rd Leg., ch. 555, Sec. 1, eff. Aug.

30, 1993.

Amended by:

Acts 2005, 79th Leg., Ch.

45, Sec. 2, eff. May 13, 2005.

Acts 2005, 79th Leg., Ch.

1036, Sec. 1, eff. June 18, 2005.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 15.006, eff. September 1, 2009.

Sec. 191.008. AUTHORITY TO ESTABLISH COMPUTERIZED ELECTRONIC

INFORMATION SYSTEM. (a) The commissioners court of a county by

order may provide for the establishment and operation of a

computerized electronic information system through which it may

provide on a contractual basis direct access to information that

relates to all or some county and precinct records and records of

the district courts and courts of appeals having jurisdiction in

the county, that is public information, and that is stored or

processed in the system. The commissioners court may make records

available through the system only if the custodian of the records

agrees in writing to allow public access under this section to

the records.

(b) The commissioners court may:

(1) provide procedures for the establishment, maintenance, and

operation of the information system;

(2) establish eligibility criteria for users;

(3) delineate the public information to be available through the

system;

(4) set a reasonable fee, charged under a contract, for use of

the system; and

(5) consolidate billing and collection of fees and payments

under one county department or office.

governmental agency for the development, acquisition,

maintenance, or operation of:

(1) the information system or any component of the information

system, including telecommunication services necessary for access

to the system; and

(2) billing and collection services for the system.

Added by Acts 1991, 72nd Leg., ch. 86, Sec. 1, eff. May 15, 1991.

Sec. 191.009. ELECTRONIC FILING AND RECORDING. (a) A county

clerk may accept electronic documents and other instruments by

electronic filing and record the electronic documents and other

instruments electronically if the filing or recording complies

with the rules adopted by the Texas State Library and Archives

Commission under Chapter 195.

(b) An electronic document or other instrument that is filed

electronically in compliance with the rules adopted under Chapter

195 is considered to have been filed in compliance with any law

relating to the filing of instruments with a county clerk.

(1) an instrument is an electronic record, as defined by Section

322.002, Business & Commerce Code; and

(2) "electronic document" has the meaning assigned by Section

15.002, Property Code.

Added by Acts 1999, 76th Leg., ch. 58, Sec. 1, eff. May 10, 1999.

Amended by Acts 2001, 77th Leg., ch. 702, Sec. 2, eff. January 1,

2002.

Amended by:

Acts 2005, 79th Leg., Ch.

699, Sec. 2, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.23, eff. April 1, 2009.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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