1 TAC §87.60
The Office of the Secretary of State proposes new §87.60,
prohibiting the recording of personal information in a notary public's record
book. 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(b) states "entries in the notary's
book are public information." In addition, §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."
Consequently, based on the preceding, any member of the public may obtain
a copy of any page in a notary's record book. If such page 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.
Guy Joyner, Chief, Legal Support Unit, Statutory Documents Section, has
determined that for the first five year period that the rule is in effect
there will be no fiscal implications for state or local government as a result
of enforcing the new rule. There is no effect on large businesses, small businesses
or micro-businesses. There is no additional economic cost to individuals who
are required to comply with the rule as proposed. There is no anticipated
impact on local employment.
Mr. Joyner also has determined that for each year of the first five years
that the new rule is in effect the public benefit anticipated as a result
of enforcing the rule will be to prevent the use of public information law
to obtain an individual's personal identification information to commit the
theft of such individual's identity.
Comments on the proposed new section may be submitted to Guy Joyner, Chief,
Legal Support Unit, Statutory Documents Section, P.O. Box 12887, Austin, Texas
78711-2887.
The new section is proposed 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 section affects §406.014 of the Government Code.
§87.60.Prohibition Against Recording Personal Information.
(a)
A notary public (other than a court clerk notarizing instruments
for the court) that notarizes a document or instrument on behalf of a signer,
grantor or maker that is identified to the notary by an identification card
issued by a governmental agency or a passport issued by the United States
may not record in the notary's book of record:
(1)
the identification number that was assigned by the governmental
agency or by the United States to the signer, grantor or maker and that is
set forth on the identification card or passport; or
(2)
any other number that could be used to identify the signer,
grantor or maker of the document.
(b)
Nothing in this section shall be construed to prohibit
a notary from recording a number related to the residence or alleged residence
of the signer, grantor or maker of the document or the instrument.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 15, 2007.
TRD-200700500
Lorna Wassdorf
Director, Business and Public Filings
Office of the Secretary of State
Earliest possible date of adoption: March 25, 2007
For further information, please call: (512) 475-0775