1-1  By:  Thompson of Harris (Senate Sponsor - Henderson)    H.B. No. 38
    1-2        (In the Senate - Received from the House March 2, 1993;
    1-3  March 3, 1993, read first time and referred to Committee on
    1-4  Jurisprudence; May 18, 1993, reported favorably by the following
    1-5  vote:  Yeas 5, Nays 0; May 18, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Henderson          x                               
    1-9        Harris of Tarrant  x                               
   1-10        Brown              x                               
   1-11        Harris of Dallas                               x   
   1-12        Luna               x                               
   1-13        Parker                                         x   
   1-14        West               x                               
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to fees charged for notary public services.
   1-18        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-19        SECTION 1.  Section 406.024(a), Government Code, is amended
   1-20  to read as follows:
   1-21        (a)  A notary public or employer of such notary public may
   1-22  charge the following fees:
   1-23              (1)  for protesting a bill or note for nonacceptance or
   1-24  nonpayment, register and seal, a fee of $5 <$3>;
   1-25              (2)  for each notice of protest, a fee of $1 <50
   1-26  cents>;
   1-27              (3)  for protesting in all other cases, a fee of $5 <50
   1-28  cents for each 100 words>;
   1-29              (4)  for certificate and seal to a protest, a fee of $5
   1-30  <$3>;
   1-31              (5)  for taking the acknowledgment or proof of a deed
   1-32  or other instrument in writing, for registration, including
   1-33  certificate and seal, a fee of $10 <$5> for the first signature and
   1-34  $1 for each additional signature;
   1-35              (6)  for administering an oath or affirmation with
   1-36  certificate and seal, a fee of $7 <$5>;
   1-37              (7)  for a certificate under seal not otherwise
   1-38  provided for, a fee of $10 <$5>;
   1-39              (8)  for a copy of a record or paper in the notary
   1-40  public's office, a fee of 50 cents for each page;
   1-41              (9)  for taking the deposition of a witness, 50 cents
   1-42  for each 100 words;
   1-43              (10)  for swearing a witness to a deposition,
   1-44  certificate, seal, and other business connected with taking the
   1-45  deposition, a fee of $7 <$5>; and
   1-46              (11)  for a notarial act not provided for, a fee of $10
   1-47  <$5>.
   1-48        SECTION 2.  (a)  This Act takes effect September 1, 1993.
   1-49        (b)  This Act applies only to a fee charged for a notary
   1-50  service rendered on or after the effective date of this Act.  A fee
   1-51  charged for a notary service rendered before the effective date of
   1-52  this Act is governed by the law in effect at the time the service
   1-53  was rendered, and that law is continued in effect for that purpose.
   1-54        SECTION 3.  The importance of this legislation and the
   1-55  crowded condition of the calendars in both houses create an
   1-56  emergency and an imperative public necessity that the
   1-57  constitutional rule requiring bills to be read on three several
   1-58  days in each house be suspended, and this rule is hereby suspended.
   1-59                               * * * * *
   1-60                                                         Austin,
   1-61  Texas
   1-62                                                         May 18, 1993
   1-63  Hon. Bob Bullock
   1-64  President of the Senate
   1-65  Sir:
   1-66  We, your Committee on Jurisprudence to which was referred H.B.
   1-67  No. 38, have had the same under consideration, and I am instructed
   1-68  to report it back to the Senate with the recommendation that it do
    2-1  pass and be printed.
    2-2                                                         Henderson,
    2-3  Chairman
    2-4                               * * * * *
    2-5                               WITNESSES
    2-6                                                  FOR   AGAINST  ON
    2-7  ___________________________________________________________________
    2-8  Name:  Randy M. Lee                              x
    2-9  Representing:  Stewart Title Guaranty
   2-10  City:  Austin
   2-11  -------------------------------------------------------------------
   2-12  Name:  W. A. Doc Rushmann
   2-13  Representing:  TX Notary Public Assn.
   2-14  City:  Austin
   2-15  -------------------------------------------------------------------