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Senate committee approves bill clarifying county recording fee for mere references

CITY, COUNTY & LOCAL AFFAIRS COMMITTEE - SENATE · April 15, 2021
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Summary

The City, County & Local Affairs Committee passed House Bill 1824 to clarify that a $15 additional recording fee applies only when an instrument modifies or releases another instrument, not when it merely references prior plats or deeds, a change sponsors said will spare routine filings unnecessary cost.

House Bill 1824 won committee approval after its sponsor described the measure as a narrow 'cleanup' to prevent county recording offices from charging an extra $15 fee when a filing merely references a prior instrument. Senator Ballinger told the committee the bill "codif[ies] what really is the practice in most counties" and ensures that a document that only references a plat or prior deed will not trigger the extra fee.

Ballinger said the change responds to instances in which an instrument cites multiple prior instruments solely for legal description purposes and should not be treated like a modification or release. "They shouldn't be charged $15 when the legal description all it does is just reference previous plat," he said.

No members of the public spoke for or against the measure. Senator Flippo moved to pass the bill; Senator Johnson seconded. The committee approved HB 1824 by voice vote.

The committee sent the bill forward with no recorded opposition at the committee level. The next procedural steps will be the chamber’s object-level referral or calendar placement according to Senate rules.