Public Records Indexing in Texas: A Guide for County Clerks

Quick reference

Who manages land records

Texas has 254 counties, and in each one the county clerk records real property instruments in the order they are filed (LGC § 193.001). Each clerk chooses its own recording system, so index formats vary across the state.

Index requirements

Local Government Code § 193.003 requires an alphabetical index that identifies where each instrument is recorded and cross-indexes grantors and grantees. It also requires additional names to be indexed for conveyances made by representatives, such as executors and trustees. Backfile classification and extraction rules should capture those representative names as well as the principal parties.

Recording requirements and notice

• Where: an instrument is effectively recorded in a county where part of the property is located (Prop. Code § 11.001).
• Eligibility: acknowledgment, a proper jurat, or proof according to law (§ 12.001). People presenting a conveyance in person must show identification as required by LGC § 191.010.
• Confidentiality notice: instruments transferring an interest to or from an individual must carry the statutory notice of confidentiality rights at the top of the first page, and preparers may not include Social Security numbers (§ 11.008). The clerk cannot reject an instrument solely for missing the notice.
• Format: pages up to 8½ by 14 inches, type at least 8-point, legible, with names printed beneath signatures (LGC § 191.007). Defects can increase fees but are not by themselves grounds for rejection.
• Notice: an unrecorded conveyance, mortgage, or deed of trust is void against a creditor or subsequent purchaser for value without notice (§ 13.001), and proper recording is notice to everyone (§ 13.002).

Deeds of trust

Nonjudicial foreclosure in Texas requires a deed of trust containing a power-of-sale clause, and the Texas State Law Library describes judicial foreclosure as rare. Expect deeds of trust, and the releases and substitutions of trustee that follow them, to be a large share of security instruments in a backfile, and give them their own document types.

Electronic recording

Property Code chapter 15, the Uniform Real Property Electronic Recording Act, recognizes electronic documents and signatures. Clerks who accept electronic documents must continue to accept paper and keep both in the same index (§ 15.005). LGC chapter 195 covers who may file electronically and how filings are confirmed or rejected. See day-forward indexing.

Funding: records management and archive fees

Two county clerk fees directly support records work:

• Records management and preservation fee — up to $10 (LGC § 118.011(b)(2)), used for records management and preservation, including automation (§ 118.0216).
• Records archive fee — up to $10 if adopted through the county budget process (§ 118.011(f)(1)). It is restricted to preserving and restoring the clerk's records archive, kept in a separate account, and requires an annual plan and public hearing (§ 118.025).

These fees are often the practical funding source for backfile imaging and indexing. Projects funded from the archive fee should fit the county's adopted archive plan. See scoping and budgeting.

TSLAC's current competitive grants are aimed at public and academic libraries, not county clerk land records.

Public information and retention

Under Government Code § 552.221, information must be produced promptly. If it cannot be produced within 10 business days, the officer must certify that in writing and set a reasonable date and time. A governmental body seeking to withhold information generally must ask the Attorney General for a decision by the tenth business day (§ 552.301).

TSLAC's State and Local Records Management Division provides guidance and training, and Local Schedule CC sets retention periods for county clerk records, including property, mortgage, and lien records.

Practical considerations for backfile projects

• Representative parties: capture executors, trustees, and other representatives as § 193.003 requires.
• Sensitive data: older instruments predate § 11.008 and may contain Social Security numbers; plan detection and redaction before putting images online.
• Deed of trust lifecycle: link releases, assignments, and substitutions of trustee to the original instrument.
• Funding fit: align work funded by the archive fee with the county's annual archive plan.

Disclaimer: This guide is for informational purposes only and is not legal advice. Statutes, fees, and procedures change; consult current statutory text and your county attorney.