CHAPTER 15. UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT
PROPERTY CODE
TITLE 3. PUBLIC RECORDS
CHAPTER 15. UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT
Sec. 15.001. SHORT TITLE. This chapter may be cited as the
Uniform Real Property Electronic Recording Act.
Added by Acts 2005, 79th Leg., Ch.
699, Sec. 1, eff. September 1, 2005.
Sec. 15.002. DEFINITIONS. In this chapter:
(1) "Document" means information that is:
(A) inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable
form; and
(B) eligible to be recorded in the real property records
maintained by a county clerk.
(2) "Electronic" means relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic, or similar
capabilities.
(3) "Electronic document" means a document that is received by a
county clerk in an electronic form.
(4) "Electronic signature" means an electronic sound, symbol, or
process attached to or logically associated with a document and
executed or adopted by a person with the intent to sign the
document.
(5) "Paper document" means a document that is received by a
county clerk in a form that is not electronic.
Added by Acts 2005, 79th Leg., Ch.
699, Sec. 1, eff. September 1, 2005.
Sec. 15.003. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In
applying and construing this chapter, consideration must be given
to the need to promote uniformity of the law with respect to the
subject matter of this chapter among states that enact a law
substantially similar to this chapter.
Added by Acts 2005, 79th Leg., Ch.
699, Sec. 1, eff. September 1, 2005.
Sec. 15.004. VALIDITY OF ELECTRONIC DOCUMENTS. (a) If a law
requires, as a condition for recording, that a document be an
original, be on paper or another tangible medium, or be in
writing, the requirement is satisfied by an electronic document
that complies with the requirements of this chapter.
(b) If a law requires, as a condition for recording, that a
document be signed, the requirement is satisfied by an electronic
signature.
(c) A requirement that a document or a signature associated with
a document be notarized, acknowledged, verified, witnessed, or
made under oath is satisfied if the electronic signature of the
person authorized to perform that act, and all other information
required to be included, is attached to or logically associated
with the document or signature. A physical or electronic image
of a stamp, impression, or seal need not accompany an electronic
signature.
Added by Acts 2005, 79th Leg., Ch.
699, Sec. 1, eff. September 1, 2005.
Sec. 15.005. RECORDING OF DOCUMENTS. (a) A county clerk who
implements any of the functions described by this section shall
act in compliance with rules adopted by the Texas State Library
and Archives Commission under Chapter 195, Local Government Code,
and standards established by the Texas State Library and Archives
Commission under Section 15.006.
(b) A county clerk may:
(1) receive, index, store, archive, and transmit electronic
documents;
(2) provide for access to, and for search and retrieval of,
documents and information by electronic means;
(3) convert paper documents accepted for recording into
electronic form;
(4) convert into electronic form information recorded before the
county clerk began to record electronic documents;
(5) accept electronically any fee or tax that the county clerk
is authorized to collect; and
(6) agree with other officials of a state, a political
subdivision of a state, or the United States on procedures or
processes to facilitate the electronic satisfaction of prior
approvals and conditions precedent to recording and the
electronic payment of fees and taxes.
(c) A county clerk who accepts electronic documents for
recording shall:
(1) continue to accept paper documents; and
(2) place entries for paper documents and electronic documents
in the same index.
Added by Acts 2005, 79th Leg., Ch.
699, Sec. 1, eff. September 1, 2005.
Sec. 15.006. UNIFORM STANDARDS. (a) The Texas State Library
and Archives Commission by rule shall adopt standards to
implement this chapter.
(b) To keep the standards and practices of county clerks in this
state in harmony with the standards and practices of recording
offices in other jurisdictions that enact a law that is
substantially similar to this chapter and to keep the technology
used by county clerks in this state compatible with technology
used by recording offices in other jurisdictions that enact a law
that is substantially similar to this chapter, the Texas State
Library and Archives Commission, so far as is consistent with the
purposes, policies, and provisions of this chapter, in adopting,
amending, and repealing standards shall consider:
(1) standards and practices of other jurisdictions;
(2) the most recent standards promulgated by national
standard-setting bodies, such as the Property Records Industry
Association;
(3) the views of interested persons and governmental officials
and entities; and
(4) the needs of counties of varying size, population, and
resources.
Added by Acts 2005, 79th Leg., Ch.
699, Sec. 1, eff. September 1, 2005.
Sec. 15.007. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND
NATIONAL COMMERCE ACT. This chapter modifies, limits, and
supersedes the federal Electronic Signatures in Global and
National Commerce Act (15 U.S.C. Section 7001 et seq.) but does
not modify, limit, or supersede Section 101(c) of that Act (15
U.S.C. Section 7001(c)) or authorize electronic delivery of any
of the notices described in Section 103(b) of that Act (15 U.S.C.
Section 7003(b)).
Added by Acts 2005, 79th Leg., Ch.
699, Sec. 1, eff. September 1, 2005.
Sec. 15.008. CONSTRUCTION WITH OTHER LAW. Except as otherwise
provided by this chapter, Chapter 195, Local Government Code, and
the rules adopted by the Texas State Library and Archives
Commission under that chapter apply to electronic documents filed
in accordance with this chapter.
Added by Acts 2005, 79th Leg., Ch.
699, Sec. 1, eff. September 1, 2005.