6 | 4 | | AN ACT |
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7 | 5 | | relating to recordings, acknowledgments, and proofs of certain |
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8 | 6 | | written instruments. |
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9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 8 | | SECTION 1. Sections 406.014(a) and (c), Government Code, |
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11 | 9 | | are amended to read as follows: |
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12 | 10 | | (a) A notary public other than a court clerk notarizing |
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13 | 11 | | instruments for the court shall keep in a book a record of: |
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14 | 12 | | (1) the date of each instrument notarized; |
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15 | 13 | | (2) the date of the notarization; |
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16 | 14 | | (3) the name of the signer, grantor, or maker; |
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17 | 15 | | (4) the signer's, grantor's, or maker's mailing |
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18 | 16 | | address [residence or alleged residence]; |
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19 | 17 | | (5) whether the signer, grantor, or maker is |
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20 | 18 | | personally known by the notary public, was identified by an |
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21 | 19 | | identification card issued by a governmental agency or a passport |
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22 | 20 | | issued by the United States, or was introduced to the notary public |
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23 | 21 | | and, if introduced, the name and mailing address [residence or |
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24 | 22 | | alleged residence] of the individual introducing the signer, |
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25 | 23 | | grantor, or maker; |
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26 | 24 | | (6) if the instrument is proved by a witness, the |
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27 | 25 | | mailing address [residence] of the witness, whether the witness is |
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28 | 26 | | personally known by the notary public or was introduced to the |
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29 | 27 | | notary public and, if introduced, the name and mailing address |
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30 | 28 | | [residence] of the individual introducing the witness; |
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31 | 29 | | (7) the name and mailing address [residence] of the |
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32 | 30 | | grantee; |
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33 | 31 | | (8) if land is conveyed or charged by the instrument, |
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34 | 32 | | the name of the original grantee and the county where the land is |
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35 | 33 | | located; and |
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36 | 34 | | (9) a brief description of the instrument. |
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37 | 35 | | (c) A notary public shall, on payment of all fees, provide a |
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38 | 36 | | certified copy of any record of official acts in the notary public's |
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39 | 37 | | book of record [office] to any person requesting the copy. |
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40 | 38 | | SECTION 2. Sections 121.012(b) and (c), Civil Practice and |
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41 | 39 | | Remedies Code, are amended to read as follows: |
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42 | 40 | | (b) If the execution of the instrument is acknowledged by |
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43 | 41 | | the grantor of the instrument, the statement must also contain: |
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44 | 42 | | (1) the grantor's mailing address [known or alleged |
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45 | 43 | | residence]; |
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46 | 44 | | (2) whether the grantor is personally known to the |
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47 | 45 | | officer; and |
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48 | 46 | | (3) if the grantor is unknown to the officer, the name |
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49 | 47 | | and mailing address [residence] of the person who introduced the |
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50 | 48 | | grantor to the officer, if any. |
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51 | 49 | | (c) If the execution of the instrument is proved by a |
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52 | 50 | | witness who signed the instrument, the statement must also contain: |
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53 | 51 | | (1) the name of the witness; |
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54 | 52 | | (2) the mailing address [known or alleged residence] |
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55 | 53 | | of the witness; |
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56 | 54 | | (3) whether the witness is personally known to the |
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57 | 55 | | officer; and |
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58 | 56 | | (4) if the witness is unknown to the officer, the name |
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59 | 57 | | and mailing address [known or alleged residence] of the person who |
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60 | 58 | | introduced the witness to the officer, if any. |
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61 | 59 | | SECTION 3. The changes in law made by this Act apply to the |
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62 | 60 | | notarization, acknowledgment, or proof of a written instrument made |
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63 | 61 | | on or after the effective date of this Act. A notarization, |
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64 | 62 | | acknowledgment, or proof of a written instrument made before the |
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65 | 63 | | effective date of this Act is governed by the law in effect on the |
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66 | 64 | | date the notarization, acknowledgment, or proof was made, and the |
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67 | 65 | | former law is continued in effect for that purpose. |
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68 | 66 | | SECTION 4. This Act takes effect September 1, 2017. |
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