S.B. No. 1098

AN ACT

relating to recordings, acknowledgments, and proofs of certain written instruments.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 406.014(a) and (c), Government Code, are amended to read as follows:

(a) A notary public other than a court clerk notarizing instruments for the court shall keep in a book a record of:

(1) the date of each instrument notarized;

(2) the date of the notarization;

(3) the name of the signer, grantor, or maker;

(4) the signer's, grantor's, or maker's mailing address [residence or alleged residence];

(5) whether the signer, grantor, or maker is personally known by the notary public, was identified by an identification card issued by a governmental agency or a passport issued by the United States, or was introduced to the notary public and, if introduced, the name and mailing address [residence or alleged residence] of the individual introducing the signer, grantor, or maker;

(6) if the instrument is proved by a witness, the mailing address [residence] of the witness, whether the witness is personally known by the notary public or was introduced to the notary public and, if introduced, the name and mailing address [residence] of the individual introducing the witness;

(7) the name and mailing address [residence] of the grantee;

(8) if land is conveyed or charged by the instrument, the name of the original grantee and the county where the land is located; and

(9) a brief description of the instrument.

(c) A notary public shall, on payment of all fees, provide a certified copy of any record of official acts in the notary public's book of record [office] to any person requesting the copy.

SECTION 2. Sections 121.012(b) and (c), Civil Practice and Remedies Code, are amended to read as follows:

(b) If the execution of the instrument is acknowledged by the grantor of the instrument, the statement must also contain:

(1) the grantor's mailing address [known or alleged residence];

(2) whether the grantor is personally known to the officer; and

(3) if the grantor is unknown to the officer, the name and mailing address [residence] of the person who introduced the grantor to the officer, if any.

(c) If the execution of the instrument is proved by a witness who signed the instrument, the statement must also contain:

(1) the name of the witness;

(2) the mailing address [known or alleged residence] of the witness;

(3) whether the witness is personally known to the officer; and

(4) if the witness is unknown to the officer, the name and mailing address [known or alleged residence] of the person who introduced the witness to the officer, if any.

SECTION 3. The changes in law made by this Act apply to the notarization, acknowledgment, or proof of a written instrument made on or after the effective date of this Act. A notarization, acknowledgment, or proof of a written instrument made before the effective date of this Act is governed by the law in effect on the date the notarization, acknowledgment, or proof was made, and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2017.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 1098 passed the Senate on April 19, 2017, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 1098 passed the House on May 24, 2017, by the following vote: Yeas 146, Nays 0, two present not voting.

______________________________ Chief Clerk of the House

Approved:

______________________________

Date

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Governor