BILL ANALYSIS

C.S.H.B. 122

By: Veasey

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Foreign nationals often buy property in Texas, but currently, the ability of notaries to accept identification issued by a foreign government as satisfactory evidence of an individual's identification in the acknowledgment of written instruments is inadequate.  Currently, acceptable means of establishing the individual's identity are an oath of a credible witness personally known to the notary and certain federal or state identification documents.

C.S.H.B. 122 addresses this issue by including a current passport issued by a foreign country among the items considered to be satisfactory evidence of identity for purposes of acknowledging a written instrument.

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.

ANALYSIS

C.S.H.B. 122 amends the Civil Practice and Remedies Code to include a current passport issued by a foreign country among items considered satisfactory evidence of identity for purposes of acknowledging a written instrument.

EFFECTIVE DATE

September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 122 differs from the original by including a current passport issued by a foreign country among items considered satisfactory evidence of identity for purposes of acknowledging a written instrument, whereas the original includes a current identification card or other document issued by a foreign government that contains the photograph and signature of the acknowledging person among those items.