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


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
 
 
  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
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