BILL ANALYSIS

H.B. 4202

By: Swanson

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Texas Administrative Code allows a notary public to identify a principal for purposes of performing a notarization if the principal is introduced by oath of a credible witness who is personally known to the notary or provides valid identification. The bill author has informed the committee that this is inconsistent with statute, which only provides for the identification of an acknowledging person by oath of a credible witness who is personally known to an officer, such as a notary public, taking an acknowledgment of a written instrument. H.B. 4202 seeks to correct this inconsistency by providing for the identification of an acknowledging person by oath of a credible witness who presents valid identification.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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

H.B. 4202 amends the Civil Practice and Remedies Code to include among the evidence that an officer may accept as satisfactory evidence of the identity of a person acknowledging a written instrument the oath of a credible witness who provides the officer with a current identification card or other document issued by the federal government or any state government that contains the photograph and signature of the witness.

EFFECTIVE DATE

September 1, 2025.