Texas 2017 - 85th Regular

Texas Senate Bill SB1098 Compare Versions

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1-By: Zaffirini S.B. No. 1098
2- (Anderson of Dallas)
1+S.B. No. 1098
32
43
5- A BILL TO BE ENTITLED
64 AN ACT
75 relating to recordings, acknowledgments, and proofs of certain
86 written instruments.
97 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
108 SECTION 1. Sections 406.014(a) and (c), Government Code,
119 are amended to read as follows:
1210 (a) A notary public other than a court clerk notarizing
1311 instruments for the court shall keep in a book a record of:
1412 (1) the date of each instrument notarized;
1513 (2) the date of the notarization;
1614 (3) the name of the signer, grantor, or maker;
1715 (4) the signer's, grantor's, or maker's mailing
1816 address [residence or alleged residence];
1917 (5) whether the signer, grantor, or maker is
2018 personally known by the notary public, was identified by an
2119 identification card issued by a governmental agency or a passport
2220 issued by the United States, or was introduced to the notary public
2321 and, if introduced, the name and mailing address [residence or
2422 alleged residence] of the individual introducing the signer,
2523 grantor, or maker;
2624 (6) if the instrument is proved by a witness, the
2725 mailing address [residence] of the witness, whether the witness is
2826 personally known by the notary public or was introduced to the
2927 notary public and, if introduced, the name and mailing address
3028 [residence] of the individual introducing the witness;
3129 (7) the name and mailing address [residence] of the
3230 grantee;
3331 (8) if land is conveyed or charged by the instrument,
3432 the name of the original grantee and the county where the land is
3533 located; and
3634 (9) a brief description of the instrument.
3735 (c) A notary public shall, on payment of all fees, provide a
3836 certified copy of any record of official acts in the notary public's
3937 book of record [office] to any person requesting the copy.
4038 SECTION 2. Sections 121.012(b) and (c), Civil Practice and
4139 Remedies Code, are amended to read as follows:
4240 (b) If the execution of the instrument is acknowledged by
4341 the grantor of the instrument, the statement must also contain:
4442 (1) the grantor's mailing address [known or alleged
4543 residence];
4644 (2) whether the grantor is personally known to the
4745 officer; and
4846 (3) if the grantor is unknown to the officer, the name
4947 and mailing address [residence] of the person who introduced the
5048 grantor to the officer, if any.
5149 (c) If the execution of the instrument is proved by a
5250 witness who signed the instrument, the statement must also contain:
5351 (1) the name of the witness;
5452 (2) the mailing address [known or alleged residence]
5553 of the witness;
5654 (3) whether the witness is personally known to the
5755 officer; and
5856 (4) if the witness is unknown to the officer, the name
5957 and mailing address [known or alleged residence] of the person who
6058 introduced the witness to the officer, if any.
6159 SECTION 3. The changes in law made by this Act apply to the
6260 notarization, acknowledgment, or proof of a written instrument made
6361 on or after the effective date of this Act. A notarization,
6462 acknowledgment, or proof of a written instrument made before the
6563 effective date of this Act is governed by the law in effect on the
6664 date the notarization, acknowledgment, or proof was made, and the
6765 former law is continued in effect for that purpose.
6866 SECTION 4. This Act takes effect September 1, 2017.
67+ ______________________________ ______________________________
68+ President of the Senate Speaker of the House
69+ I hereby certify that S.B. No. 1098 passed the Senate on
70+ April 19, 2017, by the following vote: Yeas 31, Nays 0.
71+ ______________________________
72+ Secretary of the Senate
73+ I hereby certify that S.B. No. 1098 passed the House on
74+ May 24, 2017, by the following vote: Yeas 146, Nays 0, two
75+ present not voting.
76+ ______________________________
77+ Chief Clerk of the House
78+ Approved:
79+ ______________________________
80+ Date
81+ ______________________________
82+ Governor