Texas Property Code 12.0013 – Recordation of Paper or Tangible Copy of Electronic Record
(a) In this section:
(1) “Document” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(2) “Electronic,” “electronic record,” and “electronic signature” have the meanings assigned by § 322.002, Business & Commerce Code.
(b) A county clerk shall record a paper or tangible copy of an electronic record that is otherwise eligible under state law to be recorded in the real property records if the paper or tangible copy of the electronic record:
(1) contains an image of an electronic signature or signatures that are acknowledged, sworn to with a jurat, or proved according to law; and
(2) has been declared by a notary public or other officer who may take an acknowledgment or proof under § 121.001, Civil Practice and Remedies Code, to be a true and correct copy of the electronic record as provided by Subsection (d).
Terms Used In Texas Property Code 12.0013
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
(c) A document that is a paper or tangible copy of an electronic record and is printed and declared to be a true and correct copy as provided by Subsection (d) satisfies any requirement of law that, as a condition for recording, the document:
(1) be an original or be in writing;
(2) be signed or contain an original signature, if the document contains an image of an electronic signature of the person required to sign the document; and
(3) be notarized, acknowledged, verified, witnessed, made under oath, sworn to with a jurat, or proved according to law, if the document contains an image of an electronic signature of the person authorized to perform that act and all other information required to be included.
(d) A notary public or other officer who may take an acknowledgment or proof under § 121.001, Civil Practice and Remedies Code, may declare that a paper or tangible copy of an electronic record is a true and correct copy of an electronic record by:
(1) executing and attaching an official seal to a tangible paper declaration under penalty of perjury; and
(2) affixing or attaching the declaration to the printed paper or tangible copy of an electronic record.
(e) The form of declaration required under Subsection (d) must be substantially as follows:
DECLARATION OF AUTHENTICITY