HBA-BSM S.B. 276 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 276 By: Shapleigh Judicial Affairs 3/25/2001 Engrossed 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. Senate Bill 276 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 Senate Bill 276 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.