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.