CHAPTER 121. ACKNOWLEDGMENTS AND PROOFS OF WRITTEN INSTRUMENTS
CIVIL PRACTICE AND REMEDIES CODE
TITLE 6. MISCELLANEOUS PROVISIONS
CHAPTER 121. ACKNOWLEDGMENTS AND PROOFS OF WRITTEN INSTRUMENTS
Sec. 121.001. OFFICERS WHO MAY TAKE ACKNOWLEDGMENTS OR PROOFS.
(a) An acknowledgment or proof of a written instrument may be
taken in this state by:
(1) a clerk of a district court;
(2) a judge or clerk of a county court;
(3) a notary public;
(4) a county tax assessor-collector or an employee of the county
tax assessor-collector if the instrument is required or
authorized to be filed in the office of the county tax
assessor-collector; or
(5) an employee of a personal bond office if the acknowledgment
or proof of a written instrument is required or authorized by
Article 17.04, Code of Criminal Procedure.
(b) An acknowledgment or proof of a written instrument may be
taken outside this state, but inside the United States or its
territories, by:
(1) a clerk of a court of record having a seal;
(2) a commissioner of deeds appointed under the laws of this
state; or
(3) a notary public.
(c) An acknowledgment or proof of a written instrument may be
taken outside the United States or its territories by:
(1) a minister, commissioner, or charge d'affaires of the United
States who is a resident of and is accredited in the country
where the acknowledgment or proof is taken;
(2) a consul-general, consul, vice-consul, commercial agent,
vice-commercial agent, deputy consul, or consular agent of the
United States who is a resident of the country where the
acknowledgment or proof is taken; or
(3) a notary public or any other official authorized to
administer oaths in the jurisdiction where the acknowledgment or
proof is taken.
(d) A commissioned officer of the United States Armed Forces or
of a United States Armed Forces Auxiliary may take an
acknowledgment or proof of a written instrument of a member of
the armed forces, a member of an armed forces auxiliary, or a
member's spouse. If an acknowledgment or a proof is taken under
this subsection, it is presumed, absent pleading and proof to the
contrary, that the commissioned officer who signed was a
commissioned officer on the date that the officer signed, and
that the acknowledging person was a member of the authorized
group of military personnel or spouses. The failure of the
commissioned officer to attach an official seal to the
certificate of acknowledgment or proof of an instrument does not
invalidate the acknowledgment or proof.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 891, Sec. 1, eff. Sept. 1,
1987; Acts 1995, 74th Leg., ch. 165, Sec. 18, eff. Sept. 1, 1995;
Acts 2001, 77th Leg., ch. 986, Sec. 2, eff. June 15, 2001.
Sec. 121.002. CORPORATE ACKNOWLEDGMENTS. (a) An employee of a
corporation is not disqualified because of his employment from
taking an acknowledgment or proof of a written instrument in
which the corporation has an interest.
(b) An officer who is a shareholder in a corporation is not
disqualified from taking an acknowledgment or proof of an
instrument in which the corporation has an interest unless:
(1) the corporation has 1,000 or fewer shareholders; and
(2) the officer owns more than one-tenth of one percent of the
issued and outstanding stock.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 121.003. AUTHORITY OF OFFICERS. In a proceeding to prove a
written instrument, an officer authorized by this chapter to take
an acknowledgment or a proof of a written instrument is also
authorized to:
(1) administer oaths;
(2) employ and swear interpreters; and
(3) issue subpoenas.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 121.004. METHOD OF ACKNOWLEDGMENT. (a) To acknowledge a
written instrument for recording, the grantor or person who
executed the instrument must appear before an officer and must
state that he executed the instrument for the purposes and
consideration expressed in it.
(b) The officer shall:
(1) make a certificate of the acknowledgment;
(2) sign the certificate; and
(3) seal the certificate with the seal of office.
(c) The failure of a notary public to attach an official seal to
a certificate of an acknowledgement or proof of a written
instrument made outside this state but inside the United States
or its territories renders the acknowledgement or proof invalid
only if the jurisdiction in which the certificate is made
requires the notary public to attach the seal.
(d) The application of an embossed seal is not required on an
electronically transmitted certificate of an acknowledgement.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 603, Sec. 1, eff. June 14,
1995; Acts 2001, 77th Leg., ch. 95, Sec. 1, eff. May 11, 2001.
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) 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.
(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.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 90, Sec. 1, eff. Sept. 1,
1997.
Sec. 121.006. ALTERATION OF AUTHORIZED FORMS; DEFINITION. (a)
An acknowledgment form provided by this chapter may be altered as
circumstances require. The authorization of a form does not
prevent the use of other forms. The marital status or other
status of the acknowledging person may be shown after the
person's name.
(b) In an acknowledgment form "acknowledged" means:
(1) in the case of a natural person, that the person personally
appeared before the officer taking the acknowledgment and
acknowledged executing the instrument for the purposes and
consideration expressed in it;
(2) in the case of a person as principal by an attorney-in-fact
for the principal, that the attorney-in-fact personally appeared
before the officer taking the acknowledgment and that the
attorney-in-fact acknowledged executing the instrument as the act
of the principal for the purposes and consideration expressed in
it;
(3) in the case of a partnership by a partner or partners acting
for the partnership, that the partner or partners personally
appeared before the officer taking the acknowledgment and
acknowledged executing the instrument as the act of the
partnership for the purposes and consideration expressed in it;
(4) in the case of a corporation by a corporate officer or
agent, that the corporate officer or agent personally appeared
before the officer taking the acknowledgment and that the
corporate officer or agent acknowledged executing the instrument
in the capacity stated, as the act of the corporation, for the
purposes and consideration expressed in it; and
(5) in the case of a person acknowledging as a public officer,
trustee, executor or administrator of an estate, guardian, or
other representative, that the person personally appeared before
the officer taking the acknowledgment and acknowledged executing
the instrument by proper authority in the capacity stated and for
the purposes and consideration expressed in it.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
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., ________."
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 90, Sec. 1, eff. Sept. 1,
1997.
Sec. 121.008. SHORT FORMS FOR CERTIFICATES OF ACKNOWLEDGMENT.
(a) The forms for certificates of acknowledgment provided by
this section may be used as alternatives to other authorized
forms. They may be referred to as "statutory forms of
acknowledgment."
(b) Short forms for certificates of acknowledgment include:
(1) For a natural person acting in his own right:
State of Texas
County of ____________
This instrument was acknowledged before me on (date) by (name or
names of person or persons acknowledging).
(Signature of officer)
(Title of officer)
My commission expires: ________
(2) For a natural person as principal acting by
attorney-in-fact:
State of Texas
County of ____________
This instrument was acknowledged before me on (date) by (name of
attorney-in-fact) as attorney-in-fact on behalf of (name of
principal).
(Signature of officer)
(Title of officer)
My commission expires: ________
(3) For a partnership acting by one or more partners:
State of Texas
County of ____________
This instrument was acknowledged before me on (date) by (name of
acknowledging partner or partners), partner(s) on behalf of (name
of partnership), a partnership.
(Signature of officer)
(Title of officer)
My commission expires: ________
(4) For a corporation:
State of Texas
County of ____________
This instrument was acknowledged before me on (date) by (name of
officer), (title of officer) of (name of corporation
acknowledging) a (state of incorporation) corporation, on behalf
of said corporation.
(Signature of officer)
(Title of officer)
My commission expires: ________
(5) For a public officer, trustee, executor, administrator,
guardian, or other representative:
State of Texas
County of ____________
This instrument was acknowledged before me on (date) by (name of
representative) as (title of representative) of (name of entity
or person represented).
(Signature of officer)
(Title of officer)
My commission expires: ________
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 121.009. PROOF OF ACKNOWLEDGMENT BY WITNESS. (a) To prove
a written instrument for recording, at least one of the witnesses
who signed the instrument must personally appear before an
officer who is authorized by this chapter to take acknowledgments
or proofs and must swear:
(1) either that he saw the grantor or person who executed the
instrument sign it or that that person acknowledged in the
presence of the witness that he executed the instrument for the
purposes and consideration expressed in it; and
(2) that he signed the instrument at the request of the grantor
or person who executed the instrument.
(b) The officer must make a certificate of the testimony of the
witness and must sign and officially seal the certificate.
(c) The officer may take the testimony of a witness only if the
officer personally knows or has satisfactory evidence on the oath
of a credible witness that the individual testifying is the
person who signed the instrument as a witness. If evidence is
used to identify the witness who signed the instrument, the
officer must note the use of the evidence in the certificate of
acknowledgment.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 121.010. FORM OF CERTIFICATE FOR PROOF BY WITNESS. When
the execution of a written instrument is proved by a witness, the
certificate of the officer 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 ____________), to be the
person whose name is subscribed as a witness to the foregoing
instrument of writing, and after being duly sworn by me stated on
oath that he saw ____________, the grantor or person who executed
the foregoing instrument, subscribe the same (or that the grantor
or person who executed such instrument of writing acknowledged in
his presence that he had executed the same for the purposes and
consideration therein expressed), and that he had signed the same
as a witness at the request of the grantor (or person who
executed the same.)
(Seal) "Given under my hand and seal of office this ______ day
of ____________, A.D., ____________."
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 121.011. PROOF OF ACKNOWLEDGMENT BY HANDWRITING. (a) The
execution of an instrument may be established for recording by
proof of the handwriting of persons who signed the instrument
only if:
(1) the grantor of the instrument and all of the witnesses are
dead;
(2) the grantor and all of the witnesses are not residents of
this state;
(3) the residences of the grantor and the witnesses are unknown
to the person seeking to prove the instrument and cannot be
ascertained;
(4) the witnesses have become legally incompetent to testify; or
(5) the grantor of the instrument refuses to acknowledge the
execution of the instrument and all of the witnesses are dead,
not residents of this state, or legally incompetent or their
places of residence are unknown.
(b) If the grantor or person who executed the instrument signed
his name to the instrument, its execution must be proved by
evidence of the handwriting of that person and at least one
witness who signed the instrument. If the grantor or person who
executed the instrument signed the instrument by making his mark,
its execution must be proved by the handwriting of at least two
of the witnesses who signed the instrument.
(c) Evidence taken for proof of handwriting must give the
residence of the testifying witness. A testifying witness must
have known the person whose handwriting is being proved and must
be well acquainted with the handwriting in question and recognize
it as genuine.
(d) Evidence offered for proof of handwriting must be given in
writing by the deposition or affidavit of two or more
disinterested persons. The evidence must satisfactorily prove to
the officer each of the requirements provided by this section.
The officer taking the proof must certify the witnesses'
testimony. The officer must sign, officially seal, and attach
this certificate to the instrument with the depositions or
affidavits of the witnesses.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 121.012. RECORD OF ACKNOWLEDGMENT. (a) An officer
authorized by law to take an acknowledgment or proof of a written
instrument required or permitted by law to be recorded must enter
in a well-bound book and officially sign a short statement of
each acknowledgment or proof. The statement must contain the date
that the acknowledgment or proof was taken, the date of the
instrument, and the names of the grantor and grantee of the
instrument.
(b) If the execution of the instrument is acknowledged by the
grantor of the instrument, the statement must also contain:
(1) the grantor's known or alleged residence;
(2) whether the grantor is personally known to the officer; and
(3) if the grantor is unknown to the officer, the name and
residence of the person who introduced the grantor to the
officer, if any.
(c) If the execution of the instrument is proved by a witness
who signed the instrument, the statement must also contain:
(1) the name of the witness;
(2) the known or alleged residence of the witness;
(3) whether the witness is personally known to the officer; and
(4) if the witness is unknown to the officer, the name and known
or alleged residence of the person who introduced the witness to
the officer, if any.
(d) If land is charged or conveyed by the instrument, the
statement must also contain:
(1) the name of the original grantee; and
(2) the name of the county in which the land is located.
(e) The statements of acknowledgment recorded by the officer are
original public records, open for public inspection and
examination at all reasonable times. The officer must deliver the
book to his successor in office.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 121.013. SUBPOENA OF WITNESS; ATTACHMENT. (a) On the
sworn application of a person interested in the proof of an
instrument required or permitted by law to be recorded, stating
that a witness to the instrument refuses to appear and testify
regarding the execution of the instrument and that the instrument
cannot be proven without the evidence of the witness, an officer
authorized to take proofs of instruments shall issue a subpoena
requiring the witness to appear before the officer and testify
about the execution of the instrument.
(b) If the witness fails to obey the subpoena, the officer has
the same powers to enforce the attendance and compel the answers
of the witness as does a district judge. Attachment may not be
issued, however, unless the witness receives or is tendered the
same compensation that is made to witnesses in other cases. An
officer may not require the witness to leave his county of
residence, but if the witness is temporarily present in the
county where the execution of the instrument is sought to be
proven for registration, he may be required to appear.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 121.014. ACTION FOR DAMAGES. A person injured by the
failure, refusal, or neglect of an officer to comply with a
provision of this chapter has a cause of action against the
officer to recover damages resulting from the failure, refusal,
or neglect of the officer.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 121.015. PRIVATE SEAL OR SCROLL NOT REQUIRED. A private
seal or scroll may not be required on a written instrument other
than an instrument made by a corporation.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 2, eff. Sept. 1,
1993.