Revision to Texas law requiring a Confidentiality Notice to be placed on all instruments transferring an interest in real property, effected as of March 28, 2007.

HB 2061. Section 11.008 of the Texas Property Code relates to the confidentiality of and access to certain personal information contained in instruments recorded with a county clerk. On March 28, 2007, Governor Perry signed HB 2061 and it immediately took effect. The bill amends Section 11.008 of the Texas Property Code by (i) changing the confidentiality notice required on instruments transferring an interest in real property, and (ii) removing language added in 2005 clarifying that the confidentiality notice is only required if the instruments contain a social security number or driver's license number. The amended notice, which must appear on the top of the first page of the instrument in 12-point boldfaced type or 12-point uppercase letters, reads as follows:

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.