NOTARY RULE CHANGES
The Office of the Secretary of State adopted a
new rule effective April 22, 2007. The rule
prohibits recording of personal information
in a notary public's record book. The rule change is an
effort to prevent identity theft and states that Texas
Notaries Public are forbidden from recording any identification
numbers assigned to a signer, grantor or maker,
by a governmental agency or by the United States. This
includes a driver's license number, passport or any other
number that could be used to identify the signer, grantor
or maker of the document. As a result of this rule
change, all First American direct operations, fee attorneys,
and wholly owned subsidiary personnel are instructed to
cease including this type of information in their notary
public record book.
Please review the document below for additional information
about this important change to the Notary Public
rules.
TITLE 1. ADMINISTRATION
Part 4. OFFICE OF THE SECRETARY OF
STATE
Chapter 87. NOTARY PUBLIC
Subchapter E. NOTARY RECORDS
1 TAC §87.60
The Office of the Secretary of State adopts a new rule prohibiting
the recording of personal information in a notary
public's record book. The amendment is adopted without
changes to the proposed text as published in the February
23, 2007, issue of the Texas Register (32 TexReg 687). The
purpose of the new rule is to prevent identity theft using
information obtained from a notary's record book.
Section 406.014(a)(5) of the Texas Government Code
requires a notary public other than a court clerk notarizing
instruments for the court to keep in a book a record
of whether the signer, grantor, or maker of a document is
personally known by the notary public, was identified by
an identification card issued by a governmental agency or
a passport issued by the United States, or was introduced
to the notary public and, if introduced, the name and residence
or alleged residence of the individual introducing
the signer, grantor, or maker.
Section 406.014(a)(5) does not require that the personal
information on the identification card be recorded in the
notary's book. However, notaries public have recorded
information, such as the driver's license number, in their
notary record books. Section §406.014(c) specifies that "a
notary public shall, on payment of all fees, provide a certified
copy of any record in the notary public's office to any
person requesting the copy." If such copy contains personal
identification information, that information could
be used to facilitate the theft of a person's identity. The
new rule will prohibit the recording of the personal identifying
information contained on the identification card
and would help thwart identity theft.
No comments were received regarding the proposed new
rule.
The rule is adopted under the Texas Government Code,
§406.023(a) and §2001.004(1), which provide the
Secretary of State with the authority to prescribe and
adopt rules. The rule affects
§406.014 of the Government Code. This agency hereby
certifies that the adoption has been reviewed by legal
counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on April 2,
2007.
TRD-200701277
Lorna Wassdorf
Director, Business and Public Filings
Office of the Secretary of State
Effective date: April 22, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 475-0775
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