| (a) An agreement of understanding between a participating county
clerk and an authorized filer shall include information required by the participating
county clerk in order to provide electronic notice of confirmation or rejection
of an electronic filing and subsequent recording, or if such electronic notice
is not possible, by telephone or facsimile. The agreement of understanding
shall address the following:
(1) All electronic submissions shall generate an acknowledgment
of receipt to an authorized filer indicating that the instrument has been
filed, but not recorded by the participating county clerk. The acknowledgment
of receipt shall include the identity of the receiving county clerk, date
and time of the instrument's receipt (which is the county clerk's official
receipt date/time), and a county clerk-assigned instrument reference number
(i.e., transaction number).
(2) When a participating county clerk provides acknowledgment
of receipt of an instrument filed electronically, the instrument is considered
to have been filed in compliance with the applicable regulations and laws
relating to filing of an instrument with the county clerk.
(3) A notice of confirmation of recording or a notice of rejection
for recording shall be provided by a participating county clerk to an authorized
filer no later than the first business day after the instrument is filed electronically
pursuant to the Local Government Code, §195.004(a).
(4) A notice of confirmation shall include recording information
for the instrument accepted for recording and shall identify the instrument
accepted for recording, as provided in the agreement.
(5) A notice of rejection shall include a brief explanation
of the reason or reasons for rejection and shall identify the instrument rejected
for recording, as provided in the agreement.
(6) If a participating county clerk complies with the notice
provisions of the agreement, the failure of an authorized filer to receive
notice of confirmation or rejection of filing and subsequent recording shall
not affect the validity of the confirmation or rejection.
(b) The authorized filer shall be responsible for returning
the original instrument to the party or parties entitled to it after notice
of confirmation of recording is received by the authorized filer and for providing
to such party or parties the recording information set forth in the notice
of confirmation from the participating county clerk.
(c) A participating county clerk may allow the concurrent submission
of an index of real property records filed electronically with the corresponding
electronically filed instruments.
(d) If a participating county clerk permits an electronically
filed index of real property records, and the authorized filer submits an
electronic index, the following requirements shall be met:
(1) The index shall show the same information that may be required
by state law for an index to the same record if it is not filed electronically.
(2) Indexing fields and field syntax shall be provided by the
participating county clerk to enable authorized filers, who choose to do so,
to transmit that information in as complete a form as possible.
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