87R784 BRG-D
By: Sherman, Sr. H.B. No. 948
A BILL TO BE ENTITLED
AN ACT
relating to the authentication and recording of instruments
conveying real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 406, Government Code, is
amended by adding Section 406.0131 to read as follows:
Sec. 406.0131. SEAL REQUIRED FOR CERTAIN INSTRUMENTS
CONVEYING REAL PROPERTY. (a) In addition to the seal required under
Section 406.013, a notary public shall provide a seal of office that
complies with this section to authenticate an official act
involving an instrument that:
(1) conveys real property or an interest in real
property; and
(2) will be provided to a county clerk for recording.
(b) The seal provided by a notary under this section must
leave a physical indentation when affixed to paper.
(c) The secretary of state shall prescribe the design for
the seal required by this section.
SECTION 2. Section 12.001, Property Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Notwithstanding any other law, an instrument
conveying real property or an interest in real property that is
acknowledged or sworn to before and certified by a notary public may
not be recorded unless the notary public:
(1) certifies the instrument with the seal required
under Section 406.0131, Government Code;
(2) affixes the seal over the notary public's
signature on the certification; and
(3) affixes the seal on each page of the instrument or
copy of the instrument provided to the county clerk.
SECTION 3. Section 12.0013, Property Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) Except as provided by Subsection (c-1), a [A] document
that is a paper or tangible copy of an electronic record and is
printed and declared to be a true and correct copy as provided by
Subsection (d) satisfies any requirement of law that, as a
condition for recording, the document:
(1) be an original or be in writing;
(2) be signed or contain an original signature, if the
document contains an image of an electronic signature of the person
required to sign the document; and
(3) be notarized, acknowledged, verified, witnessed,
made under oath, sworn to with a jurat, or proved according to law,
if the document contains an image of an electronic signature of the
person authorized to perform that act and all other information
required to be included.
(c-1) Notwithstanding Subsection (c), an instrument
conveying real property or an interest in real property that is
acknowledged or sworn to before and certified by a notary public may
not be recorded unless the instrument meets the requirements of
Section 12.001(b-1).
SECTION 4. Section 15.004, Property Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Except as provided by Subsection (d), if [If] a law
requires, as a condition for recording, that a document be an
original, be on paper or another tangible medium, or be in writing,
the requirement is satisfied by an electronic document that
complies with the requirements of this chapter.
(d) A county clerk may not record an electronic document
that is an instrument conveying real property or an interest in real
property that is acknowledged or sworn to before and certified by a
notary public.
SECTION 5. (a) The secretary of state shall prescribe the
design for the seal of office required by Section 406.0131,
Government Code, as added by this Act, not later than December 1,
2021.
(b) The changes in law made by this Act apply only to the
recording of a document filed for recording on or after January 1,
2022. The recording of a document filed for recording before
January 1, 2022, is governed by the law as it existed immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 6. This Act takes effect September 1, 2021.