The duties and responsibilities of the filing officer with respect to the administration of a filing system under §39.309 of the Texas Utilities Code are ministerial. In filing or refusing to file a transition property notice pursuant to these rules, the filing officer does none of the following.

1. (1) Determine the legal sufficiency or insufficiency of a document.
2. (2) Determine that a security interest in transition property exists or does not exist.
3. (3) Determine that information in the document is correct or incorrect, in whole or in part.
4. (4) Create a presumption that information in the document is correct or incorrect, in whole or in part.

Source Note:The provisions of this §96.20 adopted to be effective September 4, 2001, 26 TexReg 6658.