BILL ANALYSIS S.B. 2065 By: Davis, Wendy Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Foreign nationals often buy property in Texas. Current law does not allow notaries to accept an identification issued by a foreign government as satisfactory evidence of the individual's identification in the acknowledgment of written instruments. The only acceptable means of establishing the individual's identity is an oath of a credible witness personally known to the notary. A foreign passport or government-issued identification would serve as a more secure and reliable method of proving a person's identity. S.B. 2065 amends current law relating to proof that is acceptable for identifying individuals acknowledging written instruments. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. ANALYSIS SECTION 1. Amends Section 121.005(a), Civil Practice and Remedies Code, to authorize an officer to accept, as satisfactory evidence of the identity of an acknowledging person, only the oath of a credible witness personally known to the officer or a current identification card or other document issued by the federal government, a foreign government, or any state government that contains the photograph and signature of the acknowledging person. SECTION 2. Effective date: September 1, 2009. EFFECTIVE DATE September 1, 2009.
BILL ANALYSIS
BILL ANALYSIS
S.B. 2065
By: Davis, Wendy
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
S.B. 2065
By: Davis, Wendy
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE
Foreign nationals often buy property in Texas. Current law does not allow notaries to accept an identification issued by a foreign government as satisfactory evidence of the individual's identification in the acknowledgment of written instruments. The only acceptable means of establishing the individual's identity is an oath of a credible witness personally known to the notary. A foreign passport or government-issued identification would serve as a more secure and reliable method of proving a person's identity.
S.B. 2065 amends current law relating to proof that is acceptable for identifying individuals acknowledging written instruments.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
ANALYSIS
SECTION 1. Amends Section 121.005(a), Civil Practice and Remedies Code, to authorize an officer to accept, as satisfactory evidence of the identity of an acknowledging person, only the oath of a credible witness personally known to the officer or a current identification card or other document issued by the federal government, a foreign government, or any state government that contains the photograph and signature of the acknowledging person.
SECTION 2. Effective date: September 1, 2009.
EFFECTIVE DATE
September 1, 2009.