SRC-AAA H.B. 243 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 243
By: Thompson (Ellis)
Jurisprudence
4-18-97
Engrossed


DIGEST 

Currently, proof of identity of a person acknowledging a written
instrument or certificate of acknowledgment requires an officer taking the
acknowledgment to either personally know the person or to verify that
person's identity on oath of a credible witness.  The requirement of
personal knowledge or an oath of a credible witness causes hardship. This
bill allows the use  of federal-or state-issued identity cards or
documents in identifying a person acknowledging a written instrument or
certificate of acknowledgment. 

PURPOSE

As proposed, H.B. 243 allows the use of federal-or-state-issued identity
cards or documents in identifying a person acknowledging a written
instrument or certificate of acknowledgment. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 121.005 and 121.007, Civil Practice and
Remedies Code, as follows: 

Sec. 121.005. PROOF OF IDENTITY OF ACKNOWLEDGING PERSON. Prohibits an
officer from taking the acknowledgment of a written instrument, unless the
officer knows that the acknowledging person is the person who executed the
instrument and is described in it.  Authorizes an officer to accept, as
satisfactory evidence of the identity of an acknowledging person only the
oath of a credible person personally known to the officer, or a certain
identification card.  Deletes a provision relating to the acknowledging
person. Makes conforming changes. 

Sec. 121.007. FORM FOR ORDINARY CERTIFICATE OF ACKNOWLEDGMENT.  Sets forth
the form of an ordinary certificate of acknowledgment. 

SECTION 2. Makes application of this Act prospective to January 1, 1998.

SECTION 3. Emergency clause.
  Effective date: upon passage.