PROPERTY CODE
TITLE 3. PUBLIC RECORDS
CHAPTER 11. PROVISIONS GENERALLY APPLICABLE TO PUBLIC RECORDS
§ 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 35.01,
Business & Commerce Code, the instrument may be recorded as
required by Section 35.02 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, § 1, eff. Jan. 1, 1984.
Amended by Acts 1989, 71st Leg., ch. 999, § 1, eff. Aug. 28,
1989.
§ 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, § 1, eff. Jan. 1, 1984.
Amended by Acts 1987, 70th Leg., ch. 891, § 2, eff. Sept. 1,
1987.
§ 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, § 1, eff. Jan. 1, 1984.
§ 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, § 1, eff. Jan. 1, 1984.
Amended by Acts 1989, 71st Leg., ch. 162, § 1, eff. Sept. 1,
1989.
§ 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, § 1, eff. Jan. 1, 1984.
§ 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, § 1, eff. Jan. 1, 1984.
§ 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, § 1, eff. May 25, 1989.
Amended by Acts 1991, 72nd Leg., ch. 205, § 1, eff. Aug. 26,
1991.
§ 11.008. CONFIDENTIAL INFORMATION IN REAL PROPERTY
RECORDS. (a) In this section, "instrument" means a deed,
mortgage, or deed of trust.
(b) An instrument executed on or after January 1, 2004,
transferring an interest in real property to or from an individual
may not be recorded unless a notice appears on 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 OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
(c) 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 (b).
(d) The county clerk may not reject an instrument presented
for recording because the instrument contains or fails to contain a
social security number or driver's license number. If the county
clerk accepts an instrument for recording, the recording of the
instrument creates a conclusive presumption that the requirements
of this section have been met.
(e) 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 and executed on or
after January 1, 2004:
(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.
(f) All instruments recorded under this section are subject
to inspection by the public.
(g) 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.
(h) 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, § 1, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 960, § 1, eff. Sept. 1, 2003.
