BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 2065

                                                                                                                              By: Davis, Wendy

                                                                                                                                      Jurisprudence

                                                                                                                                              4/6/2009

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Foreign nationals often buy property in Texas.  Current law does not allow notaries to accept an identification issued by a foreign government as satisfactory evidence of the individual's identification in the acknowledgment of written instruments.  The only acceptable means of establishing the individual's identity is an oath of a credible witness personally known to the notary.  A foreign passport or government-issued identification would serve as a more secure and reliable method of proving a person's identity.

 

As proposed, S.B. 2065 provides the notary the permissive ability to accept an identification issued by a foreign government as satisfactory evidence of an individual's identification.

 

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 121.005(a), Civil Practice and Remedies Code, to authorize an officer to accept, as satisfactory evidence of the identity of an acknowledging person, only the oath of a credible witness personally known to the officer or a current identification card or other document issued by the federal government, a foreign government, or any state government that contains the photograph and signature of the acknowledging person.  

 

SECTION 2.  Effective date:  September 1, 2009.