Tex. Loc. Gov't Code § 195.002 · Chapter 195. ELECTRONIC FILING OF RECORDS WITH AND RECORDING BY COUNTY CLERK
ADOPTION OF RULES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The commission shall adopt rules by which a county clerk may accept electronic documents and other instruments by electronic filing and record electronic documents and other instruments electronically under Section 191.009.
(b) The rules must provide for:
(1) the electronic filing with and recording by the county clerk of:
(A) real property records; and
(B) except for records maintained under Section 192.006, other instruments filed with and recorded by the county clerk as determined by the commission;
(2) the means by which an electronic document or other instrument may be electronically transmitted to a county clerk for filing;
(3) the means by which a county clerk may electronically record an electronic document or other instrument filed electronically;
(4) requiring that the means adopted under Subdivision (2) or (3) be generally available, nonproprietary technology; and
(5) security standards to prevent the filing and recording of fraudulent electronic documents or other instruments or alteration of electronic documents or other instruments that were previously filed and recorded electronically.
(c) Rules adopted by the commission under this section that permit the use of digital signatures in the electronic filing of electronic documents or other instruments with the county clerk must be, to the extent practicable, consistent with rules governing digital signatures adopted by the Department of Information Resources under Section 2054.060, Government Code.
(d) Before adopting or amending a rule under this section, the commission shall consider the recommendations of the Electronic Recording Advisory Committee established under Section 195.008.
(e) Notwithstanding Sections 322.017 and 322.018, Business & Commerce Code, a county clerk may accept any filed electronic record, as defined by Section 322.002, Business & Commerce Code, or electronic document and may electronically record that electronic document or record if the filing and recording of that electronic document or record complies with rules adopted by the commission under this section.
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 58, Sec. 2, eff. May 10, 1999. Amended by Acts 2001, 77th Leg., ch. 702, Sec. 3, eff. January 1, 2002.
Amended by:
Acts 2005, 79th Leg., Ch. 699 (S.B. 335), Sec. 4, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.24, eff. April 1, 2009.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/LG/htm/LG.195.htm
- Text hash
- sha256 80678389d76fcef7ec8ad5ea4e4b6efe7b1b7a6b8e2fa3cd94d10d04e2fc8b1e
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business & Commerce Code
- Tex. Bus. & Com. Code § 322.002DEFINITIONS.Printed as Section 322.002, Business & Commerce Code
- Tex. Bus. & Com. Code § 322.017ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES.Printed as Sections 322.017 and 322.018, Business & Commerce Code
- Tex. Bus. & Com. Code § 322.018INTEROPERABILITY.Printed as Sections 322.017 and 322.018, Business & Commerce Code
Government Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.