| (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.
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