Texas Civil Practice & Remedies Code - Section 121.001. Officers Who May Take Acknowledgments Or Proofs
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Texas Laws > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 121.001. Officers Who May Take Acknowledgments Or Proofs
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 891, § 1, eff. Sept. 1, 1987; Acts
1995, 74th Leg., ch. 165, § 18, eff. Sept. 1, 1995; Acts 2001,
77th Leg., ch. 986, § 2, eff. June 15, 2001.
Section: 110.006 110.007 110.008 110.009 110.010 110.011 110.012 121.001 121.002 121.003 121.004 121.005 121.006 121.007 121.008
Last modified: August 11, 2007
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