Texas 2017 - 85th Regular

Texas Senate Bill SB1098

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 

Caption

Relating to recordings, acknowledgments, and proofs of certain written instruments.

Impact

If enacted, SB1098 would have a significant impact on state laws governing the notarization of documents. The amendments to the notary practices aim to standardize the recording process, potentially leading to greater reliability of notarized documents. By outlining specific information that notaries must collect, the bill seeks to enhance the integrity of legal documents and prevent fraud. Additionally, this bill would clarify the requirements surrounding the execution of instruments, which could streamline legal processes related to property and other significant transactions.

Summary

SB1098 is a legislative measure that focuses on the processes of recording, acknowledgment, and proof of certain written instruments in the state of Texas. The bill amends existing sections of the Government Code and Civil Practice and Remedies Code to update the requirements for notaries public when notarizing documents. The intent is to improve the clarity and accuracy of records maintained by notaries and to ensure that the process reflects more current practices in legal documentation. Provisions also include the responsibilities of notaries in documenting the identities of signers and witnesses.

Sentiment

The sentiment around SB1098 appears largely positive among those involved in the legislative process. Supporters believe that the bill modernizes notary practices and provides clear, beneficial guidelines that protect both notaries and the public. There may be some concerns from parties interested in maintaining local practices, but overall, the discussions seem to favor the bill’s potential to create uniform standards and practices across the state.

Contention

Notable points of contention around SB1098 could involve the balance between updating processes for efficiency and maintaining historical practices that some stakeholders might prefer. Questions about the implications for individuals or entities not familiar with the updated requirements might arise, as well as concerns about the administrative burden placed on notaries to comply with amended regulations. It will be essential for the Secretary of State to provide adequate training and resources to ensure that notaries can effectively adapt to the new standards introduced by the bill.

Companion Bills

TX HB2018

Similar Relating to records of a notary public.

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