2009 Texas Code
PROPERTY CODE
TITLE 3. PUBLIC RECORDS
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.