Regular Session
Texas Secretary of State (Notary Public Unit)
Key implementation requirements and action items for compliance with this legislation
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This bill's path through the Texas Legislature
BILL ANALYSIS |
| H.B. 4202 |
| By: Swanson |
| Judiciary & Civil Jurisprudence |
| Committee Report (Unamended) |
| BACKGROUND AND PURPOSE The Texas Administrative Code allows a notary public to identify a principal for purposes of performing a notarization if the principal is introduced by oath of a credible witness who is personally known to the notary or provides valid identification. The bill author has informed the committee that this is inconsistent with statute, which only provides for the identification of an acknowledging person by oath of a credible witness who is personally known to an officer, such as a notary public, taking an acknowledgment of a written instrument. H.B. 4202 seeks to correct this inconsistency by providing for the identification of an acknowledging person by oath of a credible witness who presents valid identification.
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| CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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| RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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| ANALYSIS H.B. 4202 amends the Civil Practice and Remedies Code to include among the evidence that an officer may accept as satisfactory evidence of the identity of a person acknowledging a written instrument the oath of a credible witness who provides the officer with a current identification card or other document issued by the federal government or any state government that contains the photograph and signature of the witness.
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| EFFECTIVE DATE September 1, 2025.
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| H.B. No. 4202 | ||
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| relating to proof of identity of a person making an acknowledgment | ||
| of a written instrument. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 121.005(a), Civil Practice and Remedies | ||
| Code, is amended to read as follows: | ||
| (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) the oath of a credible witness who: | ||
| (A) is personally known to the officer; or | ||
| (B) provides the officer with a current | ||
| identification card or other document issued by the federal | ||
| government or any state government that contains the photograph and | ||
| signature of the witness; | ||
| (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; | ||
| or | ||
| (3) with respect to a deed or other instrument | ||
| relating to a residential real estate transaction, a current | ||
| passport issued by a foreign country. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2025. | ||
| TO: | Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence |
| FROM: | Jerry McGinty, Director, Legislative Budget Board |
| IN RE: | HB4202 by Swanson (Relating to proof of identity of a person making an acknowledgment of a written instrument.), As Introduced |
| Source Agencies: | 212 Office of Court Administration, Texas Judicial Council |
| LBB Staff: | JMc, KDw, BC, CWi |
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Common questions about HB4202
HB4202 is effective immediately, mandating strict liability standards for how notaries verify signer identity. The most critical operational change is the bifurcation of acceptable ID: notaries must now accept current foreign passports for residential real estate transactions, but are prohibited from accepting them for commercial transactions or general affidavits. Implementation Timeline Effective Date: June 20, 2025 Compliance Deadline: Immediate.
HB4202 was authored by Texas Representative Valoree Swanson during the Regular Session.
HB4202 was signed into law by Governor Greg Abbott on June 20, 2025.
HB4202 is enforced by Texas Secretary of State (Notary Public Unit).
The compliance urgency for HB4202 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
The cost impact of HB4202 is estimated as "low". This may vary based on industry and implementation requirements.
HB4202 addresses topics including civil remedies & liabilities, notaries and identification cards.
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