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.