(a) A county clerk shall:
(1) correctly record, as required by law, within a reasonable time after delivery, any instrument authorized or required to be recorded in that clerk’s office that is proved, acknowledged, or sworn to according to law;
(2) give a receipt, as required by law, for an instrument delivered for recording;
(3) record instruments relating to the same property in the order the instruments are filed; and
(4) provide and keep in the clerk’s office the indexes required by law.
(b) A county clerk who violates a provision of this section and the sureties on the clerk’s bond are liable for damages and, on motion in district court and after three days’ notice to the clerk, for a civil penalty of not more than $500, half of which is payable to the county and half to the person who files the motion.

Terms Used In Texas Property Code 11.004

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Property: means real and personal property. See Texas Government Code 311.005
  • sworn: includes affirm or affirmed. See Texas Government Code 312.011