CHAPTER 11. PROVISIONS GENERALLY APPLICABLE TO PUBLIC RECORDS
PROPERTY CODE
TITLE 3. PUBLIC RECORDS
CHAPTER 11. PROVISIONS GENERALLY APPLICABLE TO PUBLIC RECORDS
Sec. 11.001. PLACE OF RECORDING. (a) To be effectively
recorded, an instrument relating to real property must be
eligible for recording and must be recorded in the county in
which a part of the property is located. However, if such an
instrument grants a security interest by a utility as defined in
Section 261.001, Business & Commerce Code, the instrument may
be recorded as required by Sections 261.004 and 261.006 of that
code, and if such instrument is so recorded, the lien and the
secured interest created by such instrument shall be deemed
perfected for all purposes.
(b) If an instrument has been recorded in a proper county, the
subsequent creation of a new county containing property conveyed
or encumbered by the instrument does not affect the recording's
validity or effect as notice. The county court of the new county
shall at its own expense:
(1) obtain a certified transcript of the record of all
instruments conveying or encumbering property in the new county;
(2) deposit the transcript for public inspection in the
recorder's office of the new county; and
(3) make an index of the transcript.
Acts 1983, 68th Leg., p. 3486, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1989, 71st Leg., ch. 999, Sec. 1, eff. Aug.
28, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 2.32, eff. April 1, 2009.
Sec. 11.002. ENGLISH LANGUAGE. (a) An instrument relating to
real or personal property may not be recorded unless it is in
English or complies with this section.
(b) An authenticated instrument not in English that was executed
before August 22, 1897, may be recorded and operate as
constructive notice from the date of filing if:
(1) a correct English translation is recorded with the original
instrument; and
(2) the accuracy of the translation is sworn to before an
officer authorized to administer oaths.
(c) An instrument acknowledged outside the United States or its
territories in accordance with Section 121.001(c)(3), Civil
Practice and Remedies Code, that contains a certificate, stamp,
or seal of a notary public or other official before whom the
acknowledgment was taken or an apostille relating to the
acknowledgment, any portion of which is not in English, may be
recorded and operate as constructive notice from the date of
filing if:
(1) a correct English translation of any non-English portion of
the certificate, stamp, seal, or apostille is recorded with the
original instrument;
(2) the accuracy of the translation is sworn to before an
officer authorized to administer oaths; and
(3) any apostille relating to the acknowledgment complies with
the Hague Convention dated October 5, 1961, titled Convention
Abolishing the Requirement of Legalisation for Foreign Public
Documents.
Acts 1983, 68th Leg., p. 3486, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1987, 70th Leg., ch. 891, Sec. 2, eff.
Sept. 1, 1987.
Sec. 11.003. GRANTEE'S ADDRESS. (a) An instrument executed
after December 31, 1981, conveying an interest in real property
may not be recorded unless:
(1) a mailing address of each grantee appears in the instrument
or in a separate writing signed by the grantor or grantee and
attached to the instrument; or
(2) a penalty filing fee equal to the greater of $25 or twice
the statutory recording fee for the instrument is paid.
(b) The validity of a conveyance as between the parties is not
affected by a failure to include an address of each grantee in
the instrument or an attached writing.
(c) Payment of a filing fee and acceptance of the instrument by
the county clerk for recording creates a conclusive presumption
that the requirements of this section have been met.
Acts 1983, 68th Leg., p. 3487, ch. 576, Sec. 1, eff. Jan. 1,
1984.
Sec. 11.004. DUTY OF RECORDER. (a) A county clerk shall:
(1) correctly record, as required by law, within a reasonable
time after delivery, any instrument authorized or required to be
recorded in that clerk's office that is proved, acknowledged, or
sworn to according to law;
(2) give a receipt, as required by law, for an instrument
delivered for recording;
(3) record instruments relating to the same property in the
order the instruments are filed; and
(4) provide and keep in the clerk's office the indexes required
by law.
(b) A county clerk who violates a provision of this section and
the sureties on the clerk's bond are liable for damages and, on
motion in district court and after three days' notice to the
clerk, for a civil penalty of not more than $500, half of which
is payable to the county and half to the person who files the
motion.
Acts 1983, 68th Leg., p. 3487, ch. 576, Sec. 1, eff. Jan. 1,
1984. Amended by Acts 1989, 71st Leg., ch. 162, Sec. 1, eff.
Sept. 1, 1989.
Sec. 11.0041. REVIEW OF CERTAIN INSTRUMENTS IN CERTAIN COUNTIES.
(a) This section applies only to the county clerk of a county:
(1) that:
(A) is located on the international border; and
(B) has a population of less than 15,000;
(2) in which a colonia self-help center established under
Section 2306.582, Government Code, is located; or
(3) that is served by a colonia self-help center described by
Subdivision (2) in another county.
(b) Before accepting an instrument conveying real property for
filing, the county clerk may send the instrument to the county
attorney for review under this section. Not later than five
business days after the date the county attorney receives an
instrument under this subsection, the county attorney shall:
(1) review the instrument to determine whether the platting
requirements prescribed by Sections 232.023, 232.025, and
232.031, Local Government Code, have been satisfied; and
(2) return the instrument to the county clerk with a statement
of the county attorney's determination under Subdivision (1).
(c) Notwithstanding Section 11.004(a), the county clerk shall
immediately notify the party that presented the instrument for
recording that:
(1) the clerk is referring the instrument to the county attorney
for review;
(2) the instrument will not be immediately recorded; and
(3) the clerk is not required to file an instrument the county
attorney determines the clerk is not required to file.
Added by Acts 2009, 81st Leg., R.S., Ch.
1176, Sec. 1, eff. September 1, 2009.
Sec. 11.005. JUDGMENT PROVING AN INSTRUMENT OR CORRECTING A
CERTIFICATE. (a) A person interested under an instrument that
may be proved for record may bring an action in district court
for a judgment proving the instrument.
(b) A person interested under a defectively certified instrument
for which acknowledgement or proof of execution has been properly
made may bring an action in district court for a judgment
correcting the certificate.
(c) If a certified copy of a judgment in a suit under this
section that shows proof of an instrument is attached to the
instrument, the instrument may be recorded with the same effect
as if it were acknowledged.
Acts 1983, 68th Leg., p. 3488, ch. 576, Sec. 1, eff. Jan. 1,
1984.
Sec. 11.006. INSTRUMENT AFFECTING TITLE TO LAND IN ARCHER
COUNTY. An instrument that in any manner affects title to land
in Archer County, Texas, but was recorded in Jack County on or
after August 10, 1866, but no later than August 10, 1870, and was
made under the hand and seal of the county clerk of Shackelford
County, is admissible in evidence in any suit in which secondary
evidence is admissible.
Acts 1983, 68th Leg., p. 3488, ch. 576, Sec. 1, eff. Jan. 1,
1984.
Sec. 11.007. EFFECT OF CITATION TO REAL PROPERTY RECORDS. A
reference in an instrument to the volume and page number, film
code number, or county clerk file number of the "real property
records" (or other words of similar import) for a particular
county is equivalent to a reference to the deed records, deed of
trust records, or other specific records, for the purpose of
providing effective notice to all persons of the existence of the
referenced instrument.
Added by Acts 1989, 71st Leg., ch. 161, Sec. 1, eff. May 25,
1989. Amended by Acts 1991, 72nd Leg., ch. 205, Sec. 1, eff. Aug.
26, 1991.
Sec. 11.008. PERSONAL INFORMATION IN REAL PROPERTY RECORDS. (a)
In this section, "instrument" means a deed or deed of trust.
(b) An instrument submitted for recording is not required to
contain an individual's social security number, and the social
security number of an individual is not obtained or maintained by
the clerk under this section. The preparer of a document may not
include an individual's social security number in a document that
is presented for recording in the office of the county clerk.
(c) Notwithstanding Section 191.007(c), Local Government Code,
an instrument transferring an interest in real property to or
from an individual must include a notice that appears on the top
of the first page of the instrument in 12-point boldfaced type or
12-point uppercase letters and reads substantially as follows:
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
(d) The validity of an instrument as between the parties to the
instrument and the notice provided by the instrument are not
affected by a party's failure to include the notice required
under Subsection (c).
(e) The county clerk may not under any circumstance reject an
instrument presented for recording solely because the instrument
fails to comply with this section. Other than the duty to redact
an individual's social security number as required by Section
552.147, Government Code, the county clerk has no duty to ensure
that an instrument presented for recording does not contain an
individual's social security number.
(f) The county clerk shall post a notice in the county clerk's
office stating that instruments recorded in the real property or
official public records or the equivalent of the real property or
official public records of the county:
(1) are not required to contain a social security number or
driver's license number; and
(2) are public records available for review by the public.
(g) All instruments described by this section are subject to
inspection by the public. The county clerk is not criminally or
civilly liable for disclosing an instrument or information in an
instrument in compliance with the public information law (Chapter
552, Government Code) or another law.
(h) Unless this section is cited in a law enacted after
September 1, 2003, this section is the exclusive law governing
the confidentiality of personal information contained in the real
property or official public records or the equivalent of the real
property or official public records of a county.
(i) To the extent that federal law conflicts with this section,
an instrument must contain the information required by and must
be filed in a manner that complies with federal law.
Added by Acts 2003, 78th Leg., ch. 715, Sec. 1, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 960, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
45, Sec. 1, eff. May 13, 2005.
Acts 2007, 80th Leg., R.S., Ch.
3, Sec. 2, eff. March 28, 2007.