SRC-JEC S.B. 276 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 276
77R2966 MXM-FBy: Shapleigh
Jurisprudence
2/20/2001
As Filed


DIGEST AND PURPOSE 

Currently, state law precludes electronic notarization because the
notarization must be accompanied by a raised or embossed seal, which is not
possible in an electronic format.  As proposed, S.B. 276 permits, but does
not require, the use of electronic notarization.  It does not change the
responsibilities of notaries public. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 121.004, Civil Practice and Remedies Code, to
add Subsection (d), to provide that the application of an embossed seal is
not required on an electronically transmitted certificate of an
acknowledgement. 

SECTION 2.  Amends Section 406.013, Government Code, to add Subsection (d),
to provide that Subsection (c) is not applicable to an electronically
transmitted authenticated document, except that an electronically
transmitted authenticated document is required to legibly reproduce the
required elements of the seal. 

SECTION 3.  Effective date:  upon passage or September 1, 2001.