Texas House Bill HB948

Texas 2021 - 87th Regular

Caption

Relating to the authentication and recording of instruments conveying real property.

Impact

The amendment to the Government Code and Property Code signifies a notable shift in the handling of real estate documentation. By mandating the use of a specific seal designed by the secretary of state, the bill seeks to standardize the notarization process across Texas, potentially leading to fewer disputes over the authenticity of property documents. The implication of these changes suggests that both notaries and individuals involved in property transactions will need to familiarize themselves and comply with the new requirements to ensure that their documents are valid and properly recorded.

Summary

House Bill 948 introduces modifications to the authentication and recording processes of instruments conveying real property in Texas. One of the key provisions is the requirement for a notary public to use a newly designed official seal when certifying such instruments for recording. This seal must leave a physical indentation on paper and is aimed at enhancing the authenticity of property-related documents. Additionally, the bill stipulates that any property instrument requiring notarization cannot be recorded unless it meets the new seal criteria, thus ensuring a higher standard of documentation for real property transactions.

Contention

Some potential points of contention surrounding HB 948 may include concerns regarding the additional burden placed upon notaries and individuals engaged in real estate transactions. Critics could argue that the new requirements may complicate processes for recording property documents, leading to delays and increased costs. However, supporters of the bill may contend that these changes are necessary for curbing fraud and enhancing the integrity of real property transactions, thus fostering greater trust in the real estate market.