1-1 By: Craddick (Senate Sponsor - Bivins) H.B. No. 677
1-2 (In the Senate - Received from the House March 16, 1995;
1-3 March 20, 1995, read first time and referred to Committee on State
1-4 Affairs; April 28, 1995, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; April 28, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the validity of certain documents to which certain
1-9 notaries public fail to attach an official seal.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 121.004, Civil Practice and Remedies
1-12 Code, is amended by adding Subsection (c) to read as follows:
1-13 (c) The failure of a notary public to attach an official
1-14 seal to a certificate of an acknowledgement or proof of a written
1-15 instrument made outside this state but inside the United States or
1-16 its territories renders the acknowledgement or proof invalid only
1-17 if the jurisdiction in which the certificate is made requires the
1-18 notary public to attach the seal.
1-19 SECTION 2. Section 12.001, Property Code, is amended by
1-20 adding Subsection (d) to read as follows:
1-21 (d) The failure of a notary public to attach an official
1-22 seal to an acknowledgment, a jurat, or other proof taken outside
1-23 this state but inside the United States or its territories renders
1-24 the acknowledgment, jurat, or other proof invalid only if the
1-25 jurisdiction in which the acknowledgment, jurat, or other proof is
1-26 taken requires the notary public to attach the seal.
1-27 SECTION 3. Subchapter B, Chapter 405, Government Code, is
1-28 amended by adding Section 405.019 to read as follows:
1-29 Sec. 405.019. LIST OF STATES REQUIRING AN OFFICIAL SEAL FOR
1-30 CERTAIN DOCUMENTS. (a) The secretary of state annually shall
1-31 compile a list of those states or territories within the United
1-32 States that require a notary public to validate a certificate of an
1-33 acknowledgement, proof of a written instrument, or a jurat by
1-34 attaching an official seal.
1-35 (b) The secretary of state shall send the list to each of
1-36 the county clerks of this state before January 1 of each year.
1-37 (c) The secretary of state shall amend the list and
1-38 immediately send the amended list to the county clerks of this
1-39 state if the secretary learns that a state or territory has changed
1-40 its requirements relating to a notary public in a manner that
1-41 requires it to be added to or deleted from the list.
1-42 SECTION 4. This Act applies to the validity of an instrument
1-43 on or after the effective date of this Act, without regard to
1-44 whether:
1-45 (1) the instrument was created before, on, or after
1-46 the effective date of this Act; or
1-47 (2) an action taken by a notary public in relation to
1-48 the instrument occurred before, on, or after that date.
1-49 SECTION 5. The importance of this legislation and the
1-50 crowded condition of the calendars in both houses create an
1-51 emergency and an imperative public necessity that the
1-52 constitutional rule requiring bills to be read on three several
1-53 days in each house be suspended, and this rule is hereby suspended,
1-54 and that this Act take effect and be in force from and after its
1-55 passage, and it is so enacted.
1-56 * * * * *