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A BILL TO BE ENTITLED
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AN ACT
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relating to the authentication and recording of instruments |
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conveying real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 406, Government Code, is |
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amended by adding Section 406.0131 to read as follows: |
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Sec. 406.0131. SEAL REQUIRED FOR CERTAIN INSTRUMENTS |
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CONVEYING REAL PROPERTY. (a) In addition to the seal required under |
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Section 406.013, a notary public shall provide a seal of office that |
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complies with this section to authenticate an official act |
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involving an instrument that: |
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(1) conveys real property or an interest in real |
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property; and |
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(2) will be provided to a county clerk for recording. |
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(b) The seal provided by a notary under this section must |
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leave a physical indentation when affixed to paper. |
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(c) The secretary of state shall prescribe the design for |
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the seal required by this section. |
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SECTION 2. Section 12.001, Property Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) Notwithstanding any other law, an instrument |
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conveying real property or an interest in real property that is |
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acknowledged or sworn to before and certified by a notary public may |
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not be recorded unless the notary public: |
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(1) certifies the instrument with the seal required |
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under Section 406.0131, Government Code; |
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(2) affixes the seal over the notary public's |
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signature on the certification; and |
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(3) affixes the seal on each page of the instrument or |
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copy of the instrument provided to the county clerk. |
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SECTION 3. Section 12.0013, Property Code, is amended by |
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amending Subsection (c) and adding Subsection (c-1) to read as |
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follows: |
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(c) Except as provided by Subsection (c-1), a [A] document |
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that is a paper or tangible copy of an electronic record and is |
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printed and declared to be a true and correct copy as provided by |
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Subsection (d) satisfies any requirement of law that, as a |
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condition for recording, the document: |
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(1) be an original or be in writing; |
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(2) be signed or contain an original signature, if the |
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document contains an image of an electronic signature of the person |
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required to sign the document; and |
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(3) be notarized, acknowledged, verified, witnessed, |
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made under oath, sworn to with a jurat, or proved according to law, |
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if the document contains an image of an electronic signature of the |
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person authorized to perform that act and all other information |
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required to be included. |
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(c-1) Notwithstanding Subsection (c), an instrument |
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conveying real property or an interest in real property that is |
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acknowledged or sworn to before and certified by a notary public may |
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not be recorded unless the instrument meets the requirements of |
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Section 12.001(b-1). |
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SECTION 4. Section 15.004, Property Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) Except as provided by Subsection (d), if [If] a law |
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requires, as a condition for recording, that a document be an |
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original, be on paper or another tangible medium, or be in writing, |
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the requirement is satisfied by an electronic document that |
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complies with the requirements of this chapter. |
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(d) A county clerk may not record an electronic document |
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that is an instrument conveying real property or an interest in real |
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property that is acknowledged or sworn to before and certified by a |
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notary public. |
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SECTION 5. (a) The secretary of state shall prescribe the |
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design for the seal of office required by Section 406.0131, |
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Government Code, as added by this Act, not later than December 1, |
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2021. |
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(b) The changes in law made by this Act apply only to the |
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recording of a document filed for recording on or after January 1, |
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2022. The recording of a document filed for recording before |
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January 1, 2022, is governed by the law as it existed immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2021. |