| 1 | 1 | | 87R784 BRG-D |
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| 2 | 2 | | By: Sherman, Sr. H.B. No. 948 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authentication and recording of instruments |
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| 8 | 8 | | conveying real property. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 406, Government Code, is |
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| 11 | 11 | | amended by adding Section 406.0131 to read as follows: |
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| 12 | 12 | | Sec. 406.0131. SEAL REQUIRED FOR CERTAIN INSTRUMENTS |
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| 13 | 13 | | CONVEYING REAL PROPERTY. (a) In addition to the seal required under |
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| 14 | 14 | | Section 406.013, a notary public shall provide a seal of office that |
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| 15 | 15 | | complies with this section to authenticate an official act |
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| 16 | 16 | | involving an instrument that: |
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| 17 | 17 | | (1) conveys real property or an interest in real |
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| 18 | 18 | | property; and |
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| 19 | 19 | | (2) will be provided to a county clerk for recording. |
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| 20 | 20 | | (b) The seal provided by a notary under this section must |
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| 21 | 21 | | leave a physical indentation when affixed to paper. |
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| 22 | 22 | | (c) The secretary of state shall prescribe the design for |
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| 23 | 23 | | the seal required by this section. |
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| 24 | 24 | | SECTION 2. Section 12.001, Property Code, is amended by |
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| 25 | 25 | | adding Subsection (b-1) to read as follows: |
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| 26 | 26 | | (b-1) Notwithstanding any other law, an instrument |
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| 27 | 27 | | conveying real property or an interest in real property that is |
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| 28 | 28 | | acknowledged or sworn to before and certified by a notary public may |
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| 29 | 29 | | not be recorded unless the notary public: |
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| 30 | 30 | | (1) certifies the instrument with the seal required |
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| 31 | 31 | | under Section 406.0131, Government Code; |
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| 32 | 32 | | (2) affixes the seal over the notary public's |
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| 33 | 33 | | signature on the certification; and |
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| 34 | 34 | | (3) affixes the seal on each page of the instrument or |
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| 35 | 35 | | copy of the instrument provided to the county clerk. |
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| 36 | 36 | | SECTION 3. Section 12.0013, Property Code, is amended by |
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| 37 | 37 | | amending Subsection (c) and adding Subsection (c-1) to read as |
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| 38 | 38 | | follows: |
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| 39 | 39 | | (c) Except as provided by Subsection (c-1), a [A] document |
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| 40 | 40 | | that is a paper or tangible copy of an electronic record and is |
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| 41 | 41 | | printed and declared to be a true and correct copy as provided by |
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| 42 | 42 | | Subsection (d) satisfies any requirement of law that, as a |
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| 43 | 43 | | condition for recording, the document: |
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| 44 | 44 | | (1) be an original or be in writing; |
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| 45 | 45 | | (2) be signed or contain an original signature, if the |
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| 46 | 46 | | document contains an image of an electronic signature of the person |
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| 47 | 47 | | required to sign the document; and |
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| 48 | 48 | | (3) be notarized, acknowledged, verified, witnessed, |
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| 49 | 49 | | made under oath, sworn to with a jurat, or proved according to law, |
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| 50 | 50 | | if the document contains an image of an electronic signature of the |
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| 51 | 51 | | person authorized to perform that act and all other information |
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| 52 | 52 | | required to be included. |
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| 53 | 53 | | (c-1) Notwithstanding Subsection (c), an instrument |
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| 54 | 54 | | conveying real property or an interest in real property that is |
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| 55 | 55 | | acknowledged or sworn to before and certified by a notary public may |
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| 56 | 56 | | not be recorded unless the instrument meets the requirements of |
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| 57 | 57 | | Section 12.001(b-1). |
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| 58 | 58 | | SECTION 4. Section 15.004, Property Code, is amended by |
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| 59 | 59 | | amending Subsection (a) and adding Subsection (d) to read as |
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| 60 | 60 | | follows: |
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| 61 | 61 | | (a) Except as provided by Subsection (d), if [If] a law |
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| 62 | 62 | | requires, as a condition for recording, that a document be an |
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| 63 | 63 | | original, be on paper or another tangible medium, or be in writing, |
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| 64 | 64 | | the requirement is satisfied by an electronic document that |
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| 65 | 65 | | complies with the requirements of this chapter. |
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| 66 | 66 | | (d) A county clerk may not record an electronic document |
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| 67 | 67 | | that is an instrument conveying real property or an interest in real |
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| 68 | 68 | | property that is acknowledged or sworn to before and certified by a |
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| 69 | 69 | | notary public. |
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| 70 | 70 | | SECTION 5. (a) The secretary of state shall prescribe the |
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| 71 | 71 | | design for the seal of office required by Section 406.0131, |
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| 72 | 72 | | Government Code, as added by this Act, not later than December 1, |
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| 73 | 73 | | 2021. |
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| 74 | 74 | | (b) The changes in law made by this Act apply only to the |
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| 75 | 75 | | recording of a document filed for recording on or after January 1, |
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| 76 | 76 | | 2022. The recording of a document filed for recording before |
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| 77 | 77 | | January 1, 2022, is governed by the law as it existed immediately |
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| 78 | 78 | | before the effective date of this Act, and that law is continued in |
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| 79 | 79 | | effect for that purpose. |
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| 80 | 80 | | SECTION 6. This Act takes effect September 1, 2021. |
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