HBA-LJP, NRS H.B. 1048 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1048
By: Solomons
Judicial Affairs
3/13/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a certificate of an acknowledgment of a written
instrument must have the seal of the office, if there is not a seal then
the acknowledgment is rendered invalid.  Because current law requires seals
to be raised or embossed, sending such instruments electronically for
notarization is not legally permissible. House Bill 1048 provides that the
application of an embossed seal by a notary public is not required on an
electronically transmitted certificate of acknowledgment. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1048 amends the Civil Practice and Remedies Code to provide that
the application of an embossed seal by a notary public is not required on
an electronically transmitted certificate of an acknowledgment of a written
instrument for recording. The bill also amends the Government Code to
provide that a seal affixed by a seal press or stamp is not required on an
electronically transmitted authenticated document, but provides that a seal
with the required elements must be legibly reproduced on the document. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.