CHAPTER 192. INSTRUMENTS TO BE RECORDED BY COUNTIES

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Texas > Local-government-code > Title-6-records > Chapter-192-instruments-to-be-recorded-by-counties

LOCAL GOVERNMENT CODE

TITLE 6. RECORDS

SUBTITLE B. COUNTY RECORDS

CHAPTER 192. INSTRUMENTS TO BE RECORDED BY COUNTIES

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.

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.

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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!