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.