Court Opinions

State Laws

US Code

US Constitution

Texas Business & Commerce Code - Section 35.07. Recording Of Notice In County Of Real Property; Separate Index By County Clerk Of Security Instruments And Continuation Statements

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 35.07. Recording Of Notice In County Of Real Property; Separate Index By County Clerk Of Security Instruments And Continuation Statements

§ 35.07. RECORDING OF NOTICE IN COUNTY OF REAL PROPERTY;  
SEPARATE INDEX BY COUNTY CLERK OF SECURITY INSTRUMENTS AND 
CONTINUATION STATEMENTS.  (a) If any security instrument filed 
with the office of the Secretary of State under Section 35.02 of 
this code grants an interest, as security, in any real property 
owned by the utility, a notice of utility security instrument 
affecting real property shall be recorded in the office of the 
county clerk in the county where the real property is located, 
stating
		(1)  the name of the utility which executed the 
security instrument;        
		(2)  that a security instrument affecting real property 
in the county has been executed by the utility;  and
		(3)  that such security instrument was filed, and other 
security instruments may be on file, in the office of the Secretary 
of State.
	(b)  It shall not be necessary to record a notice regarding 
other security instruments executed by the utility, and the notice 
recorded under Subsection (a) of this section shall be sufficient 
to provide notice of any and all other security instruments
		(1)  executed by the utility;                                                 
		(2)  filed in the office of the Secretary of State;  and                      
		(3)  granting an interest, as security, in any real 
property, and fixtures thereto, located in the county where such 
notice was recorded.
	(c)  Notices recorded under Subsection (a) of this section 
shall be recorded and indexed by the county clerk in the same 
records and indices as are mortgages on real property.
	(d)  The county clerk shall maintain a separate index of 
utility security instruments and continuation statements recorded 
under prior law.

Acts 1967, 60th Leg., p. 2343, ch. 785, § 1.  Amended by Acts 
1973, 63rd Leg., p. 1032, ch. 400, § 7, eff. Jan. 1, 1974.

Last modified: August 10, 2007