13 Tex. Admin. Code § 7.142 - General

(a) These sections establish the minimum requirements for the electronic filing and recording of real property records by a participating county clerk.

(b) If a participating county clerk chooses to accept instruments for filing electronically, the participating county clerk shall record those instruments electronically.

(c) An authorized filer must apply to a participating county clerk to be enrolled in the participating county clerk's electronic filing and recording program.

(d) An authorized filer and a participating county clerk must enter into an agreement of understanding relating to the terms and conditions of participation in the county clerk's electronic filing and recording program.

(e) The provisions of an agreement of understanding must be consistent with these sections and the Local Government Code, Chapter 195.

(f) A participating county clerk may adopt other procedures and requirements consistent with these sections and the Local Government Code, Chapter 195, in order to implement fully the electronic filing and recording program of the participating county clerk.

(g) Any electronic record created by electronic recording means shall meet the minimum requirements for the management of electronic records in subchapter C of Chapter 7 of this title (relating to Standards and Procedures for Electronic Records).

(h) A participating county clerk shall:

(1) impose no fee or charge of any kind for filing or recording electronically, other than the recording fees authorized by state law for filing of a paper instrument;

(2) provide a requester (as defined in Government Code, § 552.003) of an instrument filed or recorded electronically with electronic copies of the instrument in a form that is capable of being processed by use of technology that is generally available and nonproprietary in nature;

(3) provide the electronic copies at the cost of producing the copies in accordance with the Government Code, § 552.262; and

(4) retain control and ownership of the electronic records created or received by the office of the county clerk and be responsible for their maintenance as public property pursuant to the Local Government Code, § 201.005.

Notes

13 Tex. Admin. Code § 7.142

The provisions of this §7.142 adopted to be effective December 6, 2000, 25 TexReg 11937