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 * * * * *