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A BILL TO BE ENTITLED
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AN ACT
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relating to recordings, acknowledgments, and proofs of certain |
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written instruments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 406.014(a) and (c), Government Code, |
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are amended to read as follows: |
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(a) A notary public other than a court clerk notarizing |
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instruments for the court shall keep in a book a record of: |
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(1) the date of each instrument notarized; |
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(2) the date of the notarization; |
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(3) the name of the signer, grantor, or maker; |
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(4) the signer's, grantor's, or maker's mailing |
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address [residence or alleged residence]; |
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(5) whether the signer, grantor, or maker is |
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personally known by the notary public, was identified by an |
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identification card issued by a governmental agency or a passport |
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issued by the United States, or was introduced to the notary public |
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and, if introduced, the name and mailing address [residence or
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alleged residence] of the individual introducing the signer, |
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grantor, or maker; |
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(6) if the instrument is proved by a witness, the |
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mailing address [residence] of the witness, whether the witness is |
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personally known by the notary public or was introduced to the |
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notary public and, if introduced, the name and mailing address |
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[residence] of the individual introducing the witness; |
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(7) the name and mailing address [residence] of the |
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grantee; |
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(8) if land is conveyed or charged by the instrument, |
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the name of the original grantee and the county where the land is |
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located; and |
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(9) a brief description of the instrument. |
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(c) A notary public shall, on payment of all fees, provide a |
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certified copy of any record of official acts in the notary public's |
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book of record [office] to any person requesting the copy. |
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SECTION 2. Sections 121.012(b) and (c), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(b) If the execution of the instrument is acknowledged by |
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the grantor of the instrument, the statement must also contain: |
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(1) the grantor's mailing address [known or alleged
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residence]; |
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(2) whether the grantor is personally known to the |
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officer; and |
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(3) if the grantor is unknown to the officer, the name |
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and mailing address [residence] of the person who introduced the |
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grantor to the officer, if any. |
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(c) If the execution of the instrument is proved by a |
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witness who signed the instrument, the statement must also contain: |
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(1) the name of the witness; |
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(2) the mailing address [known or alleged residence] |
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of the witness; |
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(3) whether the witness is personally known to the |
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officer; and |
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(4) if the witness is unknown to the officer, the name |
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and mailing address [known or alleged residence] of the person who |
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introduced the witness to the officer, if any. |
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SECTION 3. The changes in law made by this Act apply to the |
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notarization, acknowledgment, or proof of a written instrument made |
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on or after the effective date of this Act. A notarization, |
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acknowledgment, or proof of a written instrument made before the |
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effective date of this Act is governed by the law in effect on the |
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date the notarization, acknowledgment, or proof was made, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |
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