Texas Civil Practice and Remedies Code 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;
(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.
(b) Except in a short form certificate of acknowledgment authorized by § 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.
Terms Used In Texas Civil Practice and Remedies Code 121.005
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005