Bill Text: TX SB1098 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Relating to recordings, acknowledgments, and proofs of certain written instruments.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-06-12 - Effective on 9/1/17 [SB1098 Detail]

Download: Texas-2017-SB1098-Enrolled.html

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S.B. No. 1098

AN ACT
relating to recordings, acknowledgments, and proofs of certain
written instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 406.014(a) and (c), Government Code,
are amended to read as follows:
(a) A notary public other than a court clerk notarizing
instruments for the court shall keep in a book a record of:
(1) the date of each instrument notarized;
(2) the date of the notarization;
(3) the name of the signer, grantor, or maker;
(4) the signer's, grantor's, or maker's mailing
address [residence or alleged residence];
(5) whether the signer, grantor, or maker is
personally known by the notary public, was identified by an
identification card issued by a governmental agency or a passport
issued by the United States, or was introduced to the notary public
and, if introduced, the name and mailing address [residence or
alleged residence] of the individual introducing the signer,
grantor, or maker;
(6) if the instrument is proved by a witness, the
mailing address [residence] of the witness, whether the witness is
personally known by the notary public or was introduced to the
notary public and, if introduced, the name and mailing address
[residence] of the individual introducing the witness;
(7) the name and mailing address [residence] of the
grantee;
(8) if land is conveyed or charged by the instrument,
the name of the original grantee and the county where the land is
located; and
(9) a brief description of the instrument.
(c) A notary public shall, on payment of all fees, provide a
certified copy of any record of official acts in the notary public's
book of record [office] to any person requesting the copy.
SECTION 2. Sections 121.012(b) and (c), Civil Practice and
Remedies Code, are amended to read as follows:
(b) If the execution of the instrument is acknowledged by
the grantor of the instrument, the statement must also contain:
(1) the grantor's mailing address [known or alleged
residence];
(2) whether the grantor is personally known to the
officer; and
(3) if the grantor is unknown to the officer, the name
and mailing address [residence] of the person who introduced the
grantor to the officer, if any.
(c) If the execution of the instrument is proved by a
witness who signed the instrument, the statement must also contain:
(1) the name of the witness;
(2) the mailing address [known or alleged residence]
of the witness;
(3) whether the witness is personally known to the
officer; and
(4) if the witness is unknown to the officer, the name
and mailing address [known or alleged residence] of the person who
introduced the witness to the officer, if any.
SECTION 3. The changes in law made by this Act apply to the
notarization, acknowledgment, or proof of a written instrument made
on or after the effective date of this Act. A notarization,
acknowledgment, or proof of a written instrument made before the
effective date of this Act is governed by the law in effect on the
date the notarization, acknowledgment, or proof was made, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1098 passed the Senate on
April 19, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1098 passed the House on
May 24, 2017, by the following vote: Yeas 146, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor