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.