Texas Senate Bill SB2065

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/14/09
• Voted on by Senate: 4/22/09
• Out of House Committee: 5/11/09

Caption

Relating to proof that is acceptable for identifying individuals acknowledging written instruments.

Impact

If enacted, SB2065 will not only enhance the clarity of the laws surrounding written instruments but also potentially reduce instances of fraud and disputes related to the validity of acknowledged documents. As it focuses on limiting acceptable forms of identification to only those that are recognized as secure—such as government-issued documents with photos—it aligns the state's practices with those of various institutions that require stringent identity verification. This may lead to a more uniform standard applied across different counties and municipalities within Texas.

Summary

SB2065 aims to clarify and amend the provisions regarding the acceptable proof of identity needed for individuals acknowledging written instruments, such as legal documents. The bill specifically modifies Section 121.005(a) of the Civil Practice and Remedies Code by emphasizing the importance of satisfactory evidence of identity and detailing the types of proofs that are acceptable for such acknowledgements. The intention behind this legislation is to ensure that the interpretation of identity verification is streamlined and that legal documents are acknowledged with adequate confidence in the identity of the parties involved.

Contention

While the bill addresses crucial elements of legal and notarial practices, it may have raised some concerns among legal professionals and notaries public regarding the feasibility of enforcing such stringent identification measures. The potential limitation on the types of acceptable identification could complicate the process, especially in rural areas where access to government-issued IDs may be limited. Furthermore, there may be an ongoing discussion about balancing the need for security in acknowledgment processes with the rights of individuals who may face challenges in providing the necessary identification due to various socio-economic factors.