Texas 2023 - 88th Regular

Texas Senate Bill SB1780

Filed
3/7/23  
Out of Senate Committee
4/18/23  
Voted on by Senate
5/1/23  
Out of House Committee
5/8/23  
Voted on by House
5/12/23  
Governor Action
5/27/23  

Caption

Relating to online notarizations.

Impact

The introduction of SB 1780 aligns Texas law with the increasing demand for online services, particularly in light of recent challenges to traditional notarization methods due to mobility restrictions faced by many individuals. Proponents of the bill, including organizations like AARP and the Texas Land Title Association, argue that this legislation will simplify the process for Texans needing essential documents, such as estate planning papers, thereby promoting broader access to important legal resources. The expansion of online notarization also helps to reduce delays and offers convenience to individuals who cannot easily visit a notary in person.

Summary

Senate Bill 1780, introduced by Senator Parker, focuses on the regulation of online notarizations in Texas. This bill aims to expand the legal framework established in 2019 for remote online notarization, which allows notaries to authenticate documents via video conferencing. The legislation enhances procedures for both electronic and tangible documents, introduces specific requirements for identity verification, and establishes compliance measures for online notarization practices. It takes effect on January 1, 2024, and reflects a growing trend toward digitization in legal processes.

Sentiment

The sentiment surrounding SB 1780 is predominantly positive among stakeholders who see it as a necessary update to existing laws. Supporters praise it for encouraging accessibility and modernization of legal processes. However, there is an underlying caution regarding the security of online notarization and potential issues that could arise from remote verification technologies. Overall, the discussion leans favorably towards the bill, emphasizing its benefits while acknowledging the need for stringent security measures.

Contention

While the bill has garnered substantial support, notable concerns were raised regarding the security protocols involved in online notarization. Critics emphasize the importance of ensuring robust identity verification mechanisms to prevent fraud. The amendments proposed in the bill seek to balance the expansion of online notarization with the preservation of adequate safeguards, demonstrating an awareness of potential vulnerabilities in a fully digital notarization environment. The overall debate centers on how to best implement technological advancements without compromising the integrity of notarized documents.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 406. Notary Public; Commissioner Of Deeds
    • Section: 101
    • Section: 108
    • Section: 109
    • Section: 110
    • Section: 1103
    • Section: 1107
    • Section: 101
    • Section: 108
    • Section: 109
    • Section: 110
    • Section: 1103
    • Section: 1107
    • Section: 101
    • Section: 108
    • Section: 109
    • Section: 110
    • Section: 1103
    • Section: 1107
    • Section: 101
    • Section: 108
    • Section: 109
    • Section: 110
    • Section: 1103
    • Section: 1107

Companion Bills

TX HB5004

Identical Relating to online notarizations.

Similar Bills

MA H3677

Relative to the authorization for electronic signatures with motor vehicle title and registration transactions

MA S2374

Authorizing electronic signatures with motor vehicle title and registration transactions

DC B26-0031

Uniform Electronic Estate Planning Documents Act of 2025

VA HB1013

Uniform Electronic Estate Planning Documents Act; permits electronic nontestamentary estate docs.

ND SB2127

The Uniform Electronic Estate Planning Documents Act; and to provide for application.

NV AB18

Revises provisions relating to the electronic filing of certain documents. (BDR 5-469)

TX HB3309

Relating to appointment of and performance of notarial acts by an electronic notary public; authorizing a fee and creating a criminal offense.

TX HB5004

Relating to online notarizations.