CHAPTER 193. RECORDING AND INDEXING BY COUNTIES

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LOCAL GOVERNMENT CODE

TITLE 6. RECORDS

SUBTITLE B. COUNTY RECORDS

CHAPTER 193. RECORDING AND INDEXING BY COUNTIES

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.

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, Sec. 1, eff. May 14, 2007.

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.

Sec. 193.003. INDEX TO REAL PROPERTY RECORDS. (a) The county

clerk shall maintain a well-bound alphabetical index to all

recorded deeds, powers of attorney, mortgages, 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.

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. 55, eff. Sept. 1,

1989.

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.

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.

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.

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.

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.

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."

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.

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.

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.

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.

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.

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.

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.

State Codes and Statutes

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