1-1                                   AN ACT

 1-2     relating to identification of individuals executing certain

 1-3     documents.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 121.005 and 121.007, Civil Practice and

 1-6     Remedies Code, are amended to read as follows:

 1-7           Sec. 121.005.  PROOF OF IDENTITY OF ACKNOWLEDGING PERSON.

 1-8     (a)  An officer may not take the acknowledgment of a written

 1-9     instrument unless the officer knows or has satisfactory evidence

1-10     that the acknowledging person is the person who executed the

1-11     instrument and is described in it.  An officer may accept, as

1-12     satisfactory evidence of the identity of an acknowledging person,

1-13     only:

1-14                 (1)  [on] the oath of a credible witness personally

1-15     known to the officer; or

1-16                 (2)  a current identification card or other document

1-17     issued by the federal government or any state government that

1-18     contains the photograph and signature of the acknowledging person

1-19     [that the acknowledging person is the person who executed the

1-20     instrument and is described in it].

1-21           (b)  Except in a short form certificate of acknowledgment

1-22     authorized by Section 121.008, the officer must note in the

1-23     certificate of acknowledgment that:

1-24                 (1)  he personally knows the acknowledging person; or

 2-1                 (2)  evidence of a witness or an identification card or

 2-2     other document was used to identify the acknowledging person.

 2-3           Sec. 121.007.  FORM FOR ORDINARY CERTIFICATE OF

 2-4     ACKNOWLEDGMENT.  The form of an ordinary certificate of

 2-5     acknowledgment must be substantially as follows:

 2-6           "The State of ____________,

 2-7           "County of ____________,

 2-8           "Before me ____________ (here insert the name and character

 2-9     of the officer) on this day personally appeared ________________,

2-10     known to me (or proved to me on the oath of ________________ or

2-11     through __________________ (description of identity card or other

2-12     document)) to be the person whose name is subscribed to the

2-13     foregoing instrument and acknowledged to me that he executed the

2-14     same for the purposes and consideration therein expressed.

2-15           (Seal)  "Given under my hand and seal of office this ________

2-16     day of ____________, A.D., ________."

2-17           SECTION 2.  Notwithstanding Section 121.007, Civil Practice

2-18     and Remedies Code, as amended by this Act, before January 1, 1998,

2-19     an officer may use an ordinary certificate of acknowledgment in the

2-20     form required by Section 121.007, Civil Practice and Remedies Code,

2-21     immediately before the effective date of this Act.

2-22           SECTION 3.  The importance of this legislation and the

2-23     crowded condition of the calendars in both houses create an

2-24     emergency and an imperative public necessity that the

2-25     constitutional rule requiring bills to be read on three several

2-26     days in each house be suspended, and this rule is hereby suspended,

2-27     and that this Act take effect and be in force from and after its

 3-1     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 243 was passed by the House on April

         3, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 243 was passed by the Senate on May

         5, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor