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Law

TX SB 2128

Notary Law Update: TX SB 2128

State: Texas

Summary:

Senate Bill 2128 allows a Notary to certify that a paper copy of an notarized electronic record is a true and correct copy.

Signed:  June 10, 2019

Effective:  September 01, 2019

Chapter: TBD

Affects:

Amends the Texas Local Government Code Section 193.003 and Property Code Section 12.0013.

Changes:
  1. Provides that a document that is a paper or tangible copy of an electronic record and is printed and certified to be a true and correct copy satisfies any requirement of law that, as a condition for recording, the document: (a) be an original or be in writing; (b) be signed or contain an original signature, if the document contains an electronic signature of the person required to sign the document; and (c) be notarized, acknowledged, verified, witnessed, made under oath, sworn to with a proper jurat, or proved according to law, if the document contains an electronic signature of the person authorized to perform that act and all other information required to be included.
  2. Authorizes a Notary or other officer who may take an acknowledgment or proof under Civil Practice and Remedies Code Section 121.001 may certify that a paper or tangible copy of an electronic record is a true and correct copy of an electronic record by: (a) executing and attaching an official seal to a tangible paper certificate under penalty of perjury; and (b) affixing or attaching the notarial certificate to the printed paper or tangible copy of an electronic record.
  3. Provides a statutory certificate form of certificate for the new copy certification that must be substantially in the form prescribed.
  4. Requires a county clerk to record a paper or tangible copy of an electronic record under certain circumstances, as specified.
Analysis:

Senate Bill 2128 allows a Notary to certify that a paper copy of an notarized electronic record is a true and correct copy. States have been enacting this new authorization for Notaries in bills enacting remote online notarization. The rationale is that since not all counties have electronic recording in place, there needs to be an alternative for recording records that have been notarized in a remote online notarization. This is especially true in Texas, where there are 254 counties and not all are prepared to accept electronic records.

Read the bill text.

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