Law:Title 3. Public Records from Chapter 15. Uniform Real Property Electronic Recording Act (Texas)

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Contents

Chapter 15. Uniform Real Property Electronic Recording Act

Section 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.



Section 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.



Section 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.



Section 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.



Section 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.



Section 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.



Section 15.007.  Relation To Electronic Signatures In Global And National Commerce Act. This Chapte

r 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.



Section 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.


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