CHAPTER 193. RECORDING AND INDEXING BY COUNTIES
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.
(c) If an instrument that is filed for recording is acknowledged
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.
(c) 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. 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.
(c) 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. 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.
(c) An English translation prepared and recorded under this
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."
(c) The clerk shall record each class of record on a separate
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.
(c) The index entry for an instrument recorded in the official
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.