House Bill 242: Thompson
Purpose:
This bill allows the use of federal-or-state-issued identity cards or documents in identifying a person acknowledging a written instrument or certificate of acknowledgment.
Analysis:
Currently, proof of identity of a person acknowledging a written instrument or certificate of acknowledgment requires an officer taking the acknowledgment to either personally know the person or to verify that person's identity on oath of a credible witness. These requirements cause a hardship for all involved. This bill allows the use of federal-or-state-issued identity cards or documents in indentifying a person acknowledging a written instrument or certificate or acknowledgment.

House Bill 243
Purpose:
This bill sets forth requirements for signing a document for an individual with a disability.
Analysis:
This bill enacts legislation which will allow the notary to assist an individual with a disability in signing his/her name on documentation when he/she is unable to physically make a signature or mark for acknowledgment. The notary would have the power to sign for the individual with consent of the party and in the presence of a disinterested witness. The notary would write the following statement under his/her signature: “Signature affixed by notary in the presence of (name of witness), a disinterested witness, under Section 406.0165, Government Code.”

relating to the signature of a notary public on behalf of an individual with a disability. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1.  Subchapter A, Chapter 406, Government Code, is amended by adding Section 406.0165 to read as follows: Sec. 406.0165.  SIGNING DOCUMENT FOR INDIVIDUAL WITH DISABILITY. (a)  A notary may sign the name of an individual who is physically unable to sign or make a mark on a document presented for notarization if directed to do so by that individual, in the presence of a witness who has no legal or equitable interest in any real or personal property that is the subject of, or is affected by, the document being signed. The notary shall require identification of the witness in the same manner as from an acknowledging person under Section 121.005, Civil Practice and Remedies Code. (b)  A notary who signs a document under this section shall write, beneath the signature, the following or a substantially similar sentence: “Signature affixed by notary in the presence of (name of witness), a disinterested witness, under Section 406.0165, Government Code.” (c)  A signature made under this section is effective as the signature of the individual on whose behalf the signature was made for any purpose. A subsequent bona fide purchaser for value may rely on the signature of the notary as evidence of the individual’s consent to execution of the document. (d)  In this section, “disability” means a physical impairment that impedes the ability to sign or make a mark on a document. SECTION 2.  The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and this Act take effect and be in force from and after its passage, and it is so enacted.

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relating to identification of individuals executing certain documents. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1.  Sections 121.005 and 121.007, Civil Practice and Remedies Code, are amended to read as follows: Sec. 121.005.  PROOF OF IDENTITY OF ACKNOWLEDGING PERSON. (a) An officer may not take the acknowledgment of a written instrument unless the officer knows or has satisfactory evidence that the acknowledging person is the person who executed the instrument and is described in it. An officer may accept, as satisfactory evidence of the identity of an acknowledging person, only: (1)  [on] the oath of a credible witness personally known to the officer; or (2)  a current identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person [that the acknowledging person is the person who executed the instrument and is described in it]. (b)  Except in a short form certificate of acknowledgment authorized by Section 121.008, the officer must note in the certificate of acknowledgment that: (1)  he personally knows the acknowledging person; or (2)  evidence of a witness or an identification card or other document was used to identify the acknowledging person. Sec. 121.007.  FORM FOR ORDINARY CERTIFICATE OF ACKNOWLEDGMENT. The form of an ordinary certificate of acknowledgment must be substantially as follows: “The State of ____________, “County of ____________, “Before me ____________ (here insert the name and character of the officer) on this day personally appeared ________________, known to me (or proved to me on the oath of ________________ or through __________________ (description of identity card or other document)) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal)  ”Given under my hand and seal of office this ________ day of ____________, A.D., ________.” SECTION 2.  Notwithstanding Section 121.007, Civil Practice and Remedies Code, as amended by this Act, before January 1, 1998, an officer may use an ordinary certificate of acknowledgment in the form required by Section 121.007, Civil Practice and Remedies Code, immediately before the effective date of this Act. SECTION 3.  The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

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