Who is eligible to record in Texas?

In Texas, who may eRecord is governed by statute, specifically Texas Local Government Code § 195.003. Unlike many states where almost anyone can submit through an approved eRecording vendor, Texas limits who may electronically record documents.

Authorized eRecord Submitters

The following entities may submit electronic documents for recording with a participating Texas county clerk:

1. An attorney licensed in Texas
2. A bank, savings and loan association, savings bank, or credit union doing business under federal or Texas law
3. A federally chartered lending institution, federal government-sponsored entity (GSE), federal instrumentality, or a HUD-approved mortgagee
4. A person licensed to make regulated loans in Texas
5. A title insurance company or title insurance agent licensed in Texas
6. An agency of the State of Texas
7. A municipal clerk

Exception for Larger Counties

There is an important exception that often causes confusion.

Counties with populations of 500,000 or more may authorize additional submitters beyond those listed above.  The submitter may need to enter into a separate Memorandum of Understanding (MOU) with that organization or person. This means:

• The statute establishes the minimum authorized submitters.
• Larger counties have discretion to expand eligibility.
• Not every large county chooses to do so, and each county may have its own approval process.

What this means for Hopdox Support

When a customer asks, "Can I eRecord in Texas?" the safest approach is:

• Determine whether they clearly fall into one of the statutory categories.
• If they do not—and especially if the county has over 500,000 residents—advise them to contact the county clerk directly to determine whether they are authorized under that county's MOU or local policy.
• Avoid interpreting the statute or advising whether the customer legally qualifies. That determination belongs to the county (and, if necessary, the customer's legal counsel).
• Advise the submitter to view the specific county in question on the Recipients page in hopdox for additional information, like county specific MOU requirements.
• Prior to submitting, Hopdox will require an attestation by the submitter stating they are in fact eligible to record in the County. 

Example: Tarrant County

Tarrant County has a population well over 500,000, so it may authorize additional submitters through an MOU. Therefore, if a customer is not obviously an authorized filer under the statute (for example, they are a business without a Texas-licensed attorney or Texas title license), the correct guidance is:

"Based on Texas law, you may not fall within the standard categories of authorized eRecord submitters. However, because Tarrant County is eligible to authorize additional submitters, we recommend contacting the Tarrant County Clerk directly to confirm whether your organization is eligible to eRecord."

This keeps Hopdox from providing legal advice while directing the customer to the authority that makes the eligibility decision.