Sec. 11.0041. REVIEW OF CERTAIN INSTRUMENTS IN CERTAIN COUNTIES. (a) This section applies only to the county clerk of a county:
(1) that:
(A) is located on the international border; and
(B) has a population of less than 15,000;
(2) in which a colonia self-help center established under Section 2306.582, Government Code, is located; or
(3) that is served by a colonia self-help center described by Subdivision (2) in another county.
(b) Before accepting an instrument conveying real property for filing, the county clerk may send the instrument to the county attorney for review under this section. Not later than five business days after the date the county attorney receives an instrument under this subsection, the county attorney shall:
(1) review the instrument to determine whether the platting requirements prescribed by Sections 232.023, 232.025, and 232.031, Local Government Code, have been satisfied; and
(2) return the instrument to the county clerk with a statement of the county attorney's determination under Subdivision (1).
(c) Notwithstanding Section 11.004(a), the county clerk shall immediately notify the party that presented the instrument for recording that:
(1) the clerk is referring the instrument to the county attorney for review;
(2) the instrument will not be immediately recorded; and
(3) the clerk is not required to file an instrument the county attorney determines the clerk is not required to file.
Added by Acts 2009, 81st Leg., R.S., Ch. 1176 (H.B. 3479), Sec. 1, eff. September 1, 2009.
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