BILL ANALYSIS


                                                         H.B. 677
                                            By: Craddick (Bivins)
                                                    State Affairs
                                                          4-28-95
                              Senate Committee Report (Unamended)
BACKGROUND

Section 121.004, Civil Practice and Remedies Code, requires a
notary seal on a certificate of acknowledgement.  Some states do
not require notaries to impress seals on certificates of
acknowledgement, and many do not have a notary seal or stamp.

An instrument with an acknowledgement lacking a notary seal is
unrecordable under Section 12.001(b), Property Code, and even where
physically recorded by the county clerk, it does not provide
constructive notice under, Section 13.001(a), Property Code.

PURPOSE

As proposed, H.B. 677 provides that certain documents are valid
without an attached official seal from a notary public.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 121.004, Civil Practice and Remedies
Code, by adding Subsection (c), to provide that the failure of a
notary public to attach an official seal to a certificate of an
acknowledgment or proof of a written instrument made outside this
state or its territories renders the acknowledgement or proof
invalid only if the jurisdiction in which the certificate is made
requires the notary public to attach the seal.

SECTION 2. Amends Section 12.001, Property Code, by adding
Subsection (d), to provide that the failure of a notary public to
attach an official seal to an acknowledgement, a jurat, or other
proof taken outside this state but inside the United States or its
territories renders the acknowledgement, jurat, or other proof
invalid only if the jurisdiction in which the acknowledgement,
jurat, or other proof is taken requires the notary public to attach
the seal.

SECTION 3. Amends Chapter 405B, Government Code, by adding Section
405.019, as follows:

     Sec. 405.019.  LIST OF STATES REQUIRING AN OFFICIAL SEAL FOR
     CERTAIN DOCUMENTS.  (a)  Requires the secretary of state
     (secretary) annually to compile a list of those states or
     territories within the U.S. that require a notary public to
     validate a certificate of an acknowledgement, proof of a
     written instrument, or a jurat by attaching an official seal.
     
     (b)  Requires the secretary to send the list to each of the
       county clerks of this state before January 1 of each year.
       
       (c)  Requires the secretary to amend the list and
       immediately send the amended list to the county clerks of
       this state if the secretary learns that a state territory
       has changed its requirements relating to a notary public in
       a manner that requires it to be added to or deleted from the
       list.
SECTION 4. Makes application of this Act retroactive.

SECTION 5. Emergency clause.
           Effective date: upon passage.