Texas Property Code 12.0011 – Instruments Concerning Property: Original Signature Required for Certain Instruments
(a) For the purposes of this section, “paper document” means a document received by a county clerk in a form that is not electronic.
(b) A paper document concerning real or personal property may not be recorded or serve as notice of the paper document unless:
(1) the paper document contains an original signature or signatures that are acknowledged, sworn to with a jurat, or proved according to law;
(2) the paper document is attached as an exhibit to a paper affidavit or other document that has an original signature or signatures that are acknowledged, sworn to with a jurat, or proved according to law; or
(3) the paper document is a tangible copy of an electronic record that has been declared to be a true and correct copy of the electronic record as provided by § 12.0013 by a notary public or other officer who may take an acknowledgment or proof of a written instrument under § 121.001, Civil Practice and Remedies Code.
Terms Used In Texas Property Code 12.0011
- Lien: A claim against real or personal property in satisfaction of a debt.
- Personal property: All property that is not real property.
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) An original signature may not be required for an electronic instrument or other document that complies with the requirements of Chapter 15 of this code, Chapter 195, Local Government Code, Chapter 322, Business & Commerce Code, or other applicable law.
(d) This section does not apply to a child support lien notice or release of child support lien issued by the Title IV-D agency under Chapter 157, Family Code. For purposes of this subsection, “Title IV-D agency” has the meaning assigned by § 101.033, Family Code.
(e) This section does not apply to a notice of sale under § 51.065, Natural Resources Code, or a land award under § 51.066, Natural Resources Code.