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A BILL TO BE ENTITLED
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AN ACT
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relating to online notarizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 406.101, Government Code, is amended by |
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adding Subdivisions (1-a), (13), and (14) and amending Subdivision |
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(11) to read as follows: |
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(1-a) "Document" means a tangible instrument or |
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electronic document. |
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(11) "Principal" means an individual: |
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(A) whose [electronic] signature is notarized in |
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an online notarization; or |
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(B) taking an oath or affirmation from the online |
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notary public but not in the capacity of a witness for the online |
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notarization. |
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(13) "Sign" means, with the present intent to |
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authenticate or adopt a record, to: |
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(A) execute or adopt a tangible symbol; or |
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(B) execute an electronic signature, as defined |
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by Section 322.002, Business & Commerce Code. |
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(14) "Signature" means a tangible symbol or electronic |
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signature that evidences the signing of a record executed or |
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adopted by a person with the intent to sign the document. |
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SECTION 2. Section 406.108, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) An online notary public shall keep a secure electronic |
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record of electronic documents notarized by the online notary |
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public. The electronic record must contain for each online |
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notarization: |
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(1) the date and time of the online notarization; |
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(2) the type of notarial act; |
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(3) the type, the title, or a description of the |
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[electronic] document or proceeding; |
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(4) the printed name and address of each principal |
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involved in the transaction or proceeding; |
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(5) evidence of identity of each principal involved in |
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the transaction or proceeding in the form of: |
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(A) a statement that the person is personally |
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known to the online notary public; |
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(B) a notation of the type of identification |
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document provided to the online notary public; |
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(C) a record of the identity verification made |
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under Section 406.110, if applicable; or |
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(D) the following: |
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(i) the printed name and address of each |
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credible witness swearing to or affirming the person's identity; |
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and |
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(ii) for each credible witness not |
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personally known to the online notary public, a description of the |
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type of identification documents provided to the online notary |
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public; |
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(6) a recording of any video and audio conference that |
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is the basis for satisfactory evidence of identity and a notation of |
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the type of identification presented as evidence; and |
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(7) the fee, if any, charged for the notarization. |
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(d) For documents that are tangible instruments, an online |
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notary public shall keep a record of the documents notarized by the |
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online notary public with a tangible symbol. The record for each |
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online notarization with a tangible symbol must contain the same |
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elements required by Subsection (a) for an electronic record. |
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SECTION 3. Section 406.109, Government Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) An online notary public shall authenticate all online |
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notarizations with the online notary public's: |
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(1) electronic seal, if the online notarization was |
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performed with respect to an electronic document; or |
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(2) seal of office as provided under Section 406.013, |
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if the online notarization was performed with respect to a tangible |
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document. |
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SECTION 4. The heading to Section 406.110, Government Code, |
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is amended to read as follows: |
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Sec. 406.110. ONLINE NOTARIZATION PROCEDURES GENERALLY. |
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SECTION 5. Sections 406.110(b) and (d), Government Code, |
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are amended to read as follows: |
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(b) In performing an online notarization, an online notary |
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public shall verify the identity of a person signing a document |
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[creating an electronic signature] at the time of the online |
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notarization [that the signature is taken] by using two-way video |
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and audio conference technology that meets the requirements of this |
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subchapter and rules adopted under this subchapter. Identity shall |
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[may] be verified by: |
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(1) the online notary public's personal knowledge of |
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the person signing a document [creating the electronic signature]; |
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or |
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(2) each of the following: |
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(A) remote presentation by the person signing a |
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document [creating the electronic signature] of a |
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government-issued identification credential, including a passport |
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or driver's license, that contains the signature and a photograph |
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of the person; |
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(B) credential analysis of the credential |
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described by Paragraph (A); and |
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(C) identity proofing of the person described by |
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Paragraph (A). |
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(d) The [electronic] notarial certificate for an online |
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notarization must include a notation that the notarization is an |
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online notarization and must indicate if the signature was a |
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tangible symbol or an electronic signature. |
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SECTION 6. Subchapter C, Chapter 406, Government Code, is |
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amended by adding Sections 406.1103 and 406.1107 to read as |
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follows: |
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Sec. 406.1103. ONLINE NOTARIZATION PROCEDURES FOR TANGIBLE |
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DOCUMENTS. (a) In performing an online notarization in which the |
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principal signs with a tangible symbol and not an electronic |
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signature, an online notary public shall reasonably confirm that a |
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document before the online notary public is the same document in |
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which the principal made a statement or on which the principal |
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executed a signature. |
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(b) An online notary public satisfies the requirement of |
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Subsection (a) to take an acknowledgment of a signature on a |
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tangible document if: |
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(1) during a video and audio recording described by |
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Section 406.108(a)(6): |
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(A) the acknowledgment is displayed to and |
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identified by the principal; and |
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(B) the principal signs the document and a |
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declaration in substantially the following form that is a part of or |
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securely attached to the document: |
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"I declare under penalty of perjury that the |
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document of which this declaration is a part or to which it is |
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attached is the same document on which (name of online notary |
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public), an online notary public, performed an online notarization |
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and before whom I appeared by means of two-way video and audio |
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conference technology on (date). |
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________________________ |
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(Signature of principal) |
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________________________ |
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(Printed name of principal)"; |
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(2) the principal sends the document and declaration |
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to the online notary public not later than the third day after the |
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date the online notarization was performed; and |
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(3) the online notary public: |
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(A) in the video and audio recording under |
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Subdivision (1), records the principal signing the document and |
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declaration; |
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(B) receives the document and declaration sent by |
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the principal under Subdivision (2) not later than the 10th day |
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after the date the online notarization was performed; and |
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(C) after receipt of the document and declaration |
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from the principal, executes a notarial certificate that includes a |
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statement in substantially the following form: |
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"I, (name of online notary public), |
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witnessed, by means of video and audio conference technology, (name |
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of principal) sign the attached document and declaration on |
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(date).". |
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(c) An online notarization performed in compliance with |
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Subsection (b) complies with any requirement regarding the |
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execution of a notarial certificate and is effective on the date the |
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principal signed the declaration under Subsection (b)(1)(B). |
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(d) A notarial certificate executed in the form described by |
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Subsection (b)(3)(C) may be relied on as conclusive evidence of |
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compliance with Subsections (b)(2) and (b)(3)(B). |
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(e) Subsection (b) does not preclude use of another |
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procedure to satisfy Subsection (a) for an online notarization |
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performed with respect to a tangible document. |
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Sec. 406.1107. ONLINE NOTARIZATION PROCEDURES FOR OATHS OR |
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AFFIRMATIONS. An online notary public may administer an oath or |
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affirmation to a principal as an online notarization if, except as |
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otherwise provided by other law of this state, the online notary |
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public: |
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(1) identifies the principal under Section |
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406.110(b); |
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(2) creates or causes the creation under Section |
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406.108 of a video and audio recording of the principal taking the |
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oath or affirmation; and |
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(3) retains or causes the retention under Section |
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406.108 of the recording. |
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SECTION 7. This Act takes effect January 1, 2024. |
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* * * * * |