pmwj H.B. 243 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 243
By: Thompson
2-19-97
Committee Report (Unamended)



BACKGROUND 

 Current law concerning the proof of identity of a person acknowledging a
written instrument or certificate of acknowledgement requires the officer
the taking the acknowledgement to either personally know the person or to
verify 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 signing a 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) is amended to require that the identity of the
acknowledging person be verified by a witness personally known to the
officer or an identification card or document provided by the federal or a
state government, in addition to personal knowledge by the officer of the
acknowledging person's identity. 
 Sec. 121.005(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.  Application of the act.

 SECTION 3.  Emergency clause.  Effective date.