By Craddick H.B. No. 677 74R1938 DAK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the validity of certain documents to which certain 1-3 notaries public fail to attach an official seal. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 121.004, Civil Practice and Remedies 1-6 Code, is amended by adding Subsection (c) to read as follows: 1-7 (c) The failure of a notary public to attach an official 1-8 seal to a certificate of an acknowledgement or proof of a written 1-9 instrument made outside this state but inside the United States or 1-10 its territories renders the acknowledgement or proof invalid only 1-11 if the jurisdiction in which the certificate is made requires the 1-12 notary public to attach the seal. 1-13 SECTION 2. Section 12.001, Property Code, is amended by 1-14 adding Subsection (d) to read as follows: 1-15 (d) The failure of a notary public to attach an official 1-16 seal to an acknowledgment, a jurat, or other proof taken outside 1-17 this state but inside the United States or its territories renders 1-18 the acknowledgment, jurat, or other proof invalid only if the 1-19 jurisdiction in which the acknowledgment, jurat, or other proof is 1-20 taken requires the notary public to attach the seal. 1-21 SECTION 3. Subchapter B, Chapter 405, Government Code, is 1-22 amended by adding Section 405.019 to read as follows: 1-23 Sec. 405.019. LIST OF STATES REQUIRING AN OFFICIAL SEAL FOR 1-24 CERTAIN DOCUMENTS. (a) The secretary of state annually shall 2-1 compile a list of those states or territories within the United 2-2 States that require a notary public to validate a certificate of an 2-3 acknowledgement, proof of a written instrument, or a jurat by 2-4 attaching an official seal. 2-5 (b) The secretary of state shall send the list to each of 2-6 the county clerks of this state before January 1 of each year. 2-7 (c) The secretary of state shall amend the list and 2-8 immediately send the amended list to the county clerks of this 2-9 state if the secretary learns that a state or territory has changed 2-10 its requirements relating to a notary public in a manner that 2-11 requires it to be added to or deleted from the list. 2-12 SECTION 4. This Act applies to the validity of an instrument 2-13 on or after the effective date of this Act, without regard to 2-14 whether: 2-15 (1) the instrument was created before, on, or after 2-16 the effective date of this Act; or 2-17 (2) an action taken by a notary public in relation to 2-18 the instrument occurred before, on, or after that date. 2-19 SECTION 5. The importance of this legislation and the 2-20 crowded condition of the calendars in both houses create an 2-21 emergency and an imperative public necessity that the 2-22 constitutional rule requiring bills to be read on three several 2-23 days in each house be suspended, and this rule is hereby suspended, 2-24 and that this Act take effect and be in force from and after its 2-25 passage, and it is so enacted.