RulesofCivilProcedure.com Civil Procedure · Every State

§ 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

In one sentenceSection 19.005 requires the court, if satisfied of the record's previous existence, content, and loss, to enter an order with its findings and a description of the record, which may then be recorded.

Full Text of § 19.005

Text sizeJump to: (a) (b)

(a)On hearing an application to supply a record, 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.
(b)A certified copy of the order may be recorded in the proper county.
End

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.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source