Notice of Suspension of Statutes
The Office of the Governor is in receipt of OAG’s request to temporarily suspend certain statutes concerning appearance before a notary public. OAG asserts that strict compliance with these laws could prevent, hinder, or delay efforts to cope with the COVID-19 disaster. Minimizing in-person contact with people who are not members of the same household is necessary to slow the spread of COVID-19. OAG has identified provisions that frustrate this public-health goal by arguably requiring in-person appearance before a notary public to execute a self-proved will, a durable power of attorney, a medical power of attorney, a directive to physician, or an oath of an executor, administrator, or guardian. OAG’s request would temporarily relax the in-person requirements to allow for appearance before a notary public via videoconference, avoiding the need for face-to-face contact during a pandemic.
In accordance with section 418.016 of the Texas Government Code, and subject to the conditions set forth below, the Office of the Governor suspends the following statutes to the extent necessary to allow for appearance before a notary public via videoconference:
- Tex. Estates Code § 251.104(b)
- Tex. Estates Code § 251.1045(a)
- Tex. Estates Code § 751.0021(a)(4)
- Tex. Health & Safety Code § 166.154(b)
- Tex. Health & Safety Code § 166.032(b-1)
- Tex. Estates Code § 305.054
- Tex. Estates Code § 1105.052
The following conditions shall apply whenever this suspension is invoked:
- A notary public shall verify the identity of a person signing a document at the time the signature is taken by using two-way video and audio conference technology.
- A notary public may verify identity by personal knowledge of the signing person, or by analysis based on the signing person’s remote presentation of a government-issued identification credential, including a passport or driver’s license, that contains the signature and a photograph of the person.
- The signing person shall transmit by fax or electronic means a legible copy of the signed document to the notary public, who may notarize the transmitted copy and then transmit the notarized copy back to the signing person by fax or electronic means, at which point the notarization is valid.
This suspension, granted on April 8, 2020, is in effect until terminated by the Office of the Governor or until the March 13, 2020 disaster declaration is lifted or expires. Documents executed while this suspension is in effect, and in accordance with its terms, shall remain valid after the termination of this suspension.
