§ 19.006.Effect of 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 § 19.006
Plain-English Summary
The provision that makes the whole chapter worth using, and it grants four things.
The order supplying the record stands in the place of the original record; has the same effect as the original; if recorded, may be used as evidence in a court of the state as though it were the original; and carries the same rights as the original.
Two of those rights are named expressly, and they are the valuable ones.
Liens are preserved from the date of the original record, not from the date of the order. That is the difference between a first lien and a last one. A lienholder whose recorded deed of trust was destroyed keeps its position ahead of everything recorded since; without this clause the reconstruction would push it behind every intervening claim.
Parties may issue execution under the order as under the original. A judgment creditor whose judgment record was lost can collect on the substitute, rather than having to sue again on a judgment nobody disputes.
Note the qualifier on the evidentiary point: if recorded. The order must be put into the records under the previous section before it functions as the original would in a later case.
Frequently Asked Questions
Is the substitute record as good as the original?
Yes. It stands in the original's place, has the same effect, and carries the same rights.
Does my lien keep its priority?
Yes. The order preserves liens from the date of the original record, not from the date of the order.
Can I still enforce a judgment whose record was lost?
Yes. Parties have the right to issue execution under the order as under the original record.
Does the order have to be recorded?
To be used as evidence as though it were the original, yes — the section conditions that on recording.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.