Texas 2023 - 88th Regular

Texas House Bill HB5004

Filed
3/10/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to online notarizations.

Impact

If passed, HB 5004 would significantly alter how notarization is conducted in Texas by effectively legitimizing online notarizations and introducing specific procedures for their execution. This includes requirements for notaries to maintain secure electronic records of the notarizations they perform, ensuring that each session is adequately documented and verified. By establishing such laws, the bill aims to increase the accessibility of notarization services, especially in a post-pandemic world where remote services are increasingly crucial.

Summary

House Bill 5004 focuses on the regulation and expansion of online notarizations in Texas. The bill aims to establish clear guidelines for notaries conducting online transactions, particularly concerning how identities are verified and how records are maintained. It incorporates definitions that distinguish between tangible and electronic documents, and it emphasizes the importance of video and audio technology in the notarization process. The goal is to modernize and streamline notarization, reflecting advancements in technology and the increasing demand for remote services.

Sentiment

The sentiment towards HB 5004 appears to be largely positive, particularly among organizations that represent the interests of professionals relying on notarization, such as the Texas Land Title Association. Testimonies from representatives indicate strong support for the bill as it is seen as a necessary step towards adapting the legal framework to modern practices. However, as with any legislative change, there may be concerns raised about the security of online notarizations and the integrity of such processes.

Contention

Notable points of contention likely revolve around the security and efficacy of online notarizations compared to traditional methods. Critics may point to potential vulnerabilities related to identity theft or fraud when using digital means for notarization. The requirement for robust identity verification procedures seeks to address these concerns, yet there remains skepticism regarding whether these measures are sufficient. The debate may center on finding a balance between embracing technological conveniences and ensuring the reliability and security of legal processes.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 406. Notary Public; Commissioner Of Deeds
    • Section: 101
    • Section: 108
    • Section: 109
    • Section: 110

Companion Bills

TX SB1780

Identical Relating to online notarizations.

Similar Bills

MA H3677

Relative to the authorization for electronic signatures with motor vehicle title and registration transactions

MA S2374

Authorizing electronic signatures with motor vehicle title and registration transactions

DC B26-0031

Uniform Electronic Estate Planning Documents Act of 2025

VA HB1013

Uniform Electronic Estate Planning Documents Act; permits electronic nontestamentary estate docs.

ND SB2127

The Uniform Electronic Estate Planning Documents Act; and to provide for application.

NV AB18

Revises provisions relating to the electronic filing of certain documents. (BDR 5-469)

TX HB3309

Relating to appointment of and performance of notarial acts by an electronic notary public; authorizing a fee and creating a criminal offense.

TX SB1780

Relating to online notarizations.