BILL ANALYSIS

Civil Practices Committee

By: Thompson
03-18-95
4-25-95

BACKGROUND

Current law concerning the proof of identity of an acknowledging
person of a written instrument or certificate of acknowledgement
requires the officer the taking the acknowledgement to either
personally know the person or verify the that person's identity on
the oath of a credible witness. The most common way of verifying a
person's identity in most situations is through the use of
government issued identification cards or documents. The
requirement of personal knowledge or the oath of a credible witness 
can cause hardship on the acknowledging person in attempting to
find such a witness or increased liability for the officer taking
such acknowledgement. 

PURPOSE

The purpose of this bill is to allow the use of federal or state
issued identity cards or documents in identifying a person
acknowledging a written instrument or certificate of
acknowledgement.

RULEMAKING AUTHORITY

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

SECTION-BY-SECTION ANALYSIS

     SECTION 1.     Amends Section 121.005 and 121.007, Civil
Practices and Remedies Code, as follows:

     Sec. 121.005. (a) This subsection is amended to require that
the identity of the acknowledging person be verified by either
personal knowledge of the officer, a witness personally known to
the officer or an identification or document provided by the
federal or a state government.

     (b) This subsection is amended to allow the use of an identity
card or document to identify an acknowledging person on a
certificate of acknowledgement other than the short form authorized
by Section 121.008.

     Sec. 121.007. Amends the form used for ordinary certificate of
acknowledgement to include the use of identity cards or other
identification documents.

     SECTION 2.     An officer may use the current certificate of
acknowledgement prior to January 1, 1996.

     SECTION 3. Emergency Clause - Effective Immediately.

SUMMARY OF COMMITTEE ACTION

House Bill 817 was considered by the Committee on Civil Practices
in a public hearing on March 22, 1995. No one testified for,
against, or neutrally on the bill. The bill was left pending. H.B.
817 was considered by the committee in a public hearing on April
19, 1995. The bill was reported favorably, without amendment, with
the recommendation that it do pass and be printed, by a record vote
of five ayes, zero nays, zero pnv and four absents. The committee
held a formal meeting on April 24, 1995, to reconsider H.B. 817.
The motion to reconsider the vote to report H.B. 817 was approved
without objection. The bill was reported favorably without
amendment, with the recommendation that it do pass and be printed
and be sent to the Committee on Local and Consent Calendars, by a
record vote of eight ayes, zero nays, zero pnv and one absent.