§ 19.005.Order
Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 19. Lost Records · Last amended 1985 · Last verified August 29, 2026
Full Text of § 19.005
Plain-English Summary
The decision and the document it produces.
On hearing the application, if the court is satisfied from the evidence of the previous existence and content of the record and of its loss, destruction, or removal, the court shall enter on its minutes an order containing its findings and a description of the record and its contents.
Three findings, and all are required: the record existed, what it said, and that it is gone. Proving the first and third without the second produces nothing — an order that a deed once existed but does not say what it conveyed would replace nothing.
The order must contain the contents, not merely refer to them. That is what allows the order to stand in the record's place, and it is why the section requires a description of the record and its contents.
Entry on the court's minutes puts the order into the court's own permanent record, which is itself a public record less likely to go missing than the original.
Subsection (b): a certified copy of the order may be recorded in the proper county — the step that puts the reconstructed record back into the chain of title where a title examiner will find it.
Frequently Asked Questions
What must the court find?
That the record previously existed, what its contents were, and that it was lost, destroyed, or removed.
What does the order contain?
The court's findings and a description of the record and its contents, entered on the court's minutes.
How does the order get into the property records?
A certified copy of the order may be recorded in the proper county.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.