BILL ANALYSIS



H.B. 172
By: Thompson
February 22, 1995
Committee Report (Amended)


BACKGROUND

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The fees charged by notaries have been increased once since 1915,
occurring  in 1987. Meanwhile, fees charged to notaries by the
Secretary of State's office have been  raised by the Legislature in
1983, 1985, and 1987. These fees were also increased several times
prior to 1983. It is widely felt among notaries that the 1987
increase in the amount they can charge did not cover the numerous
recent increases in fees charged to notaries or the rise in other
operating costs incurred by notaries.  Section 406.024, Government
Code, lists  maximum fees that may be charged by notaries


PURPOSE


Would allow an increase in the fees a notary may charge for
providing notary services.


RULEMAKING AUTHORITY


It is the opinion of the committee that this bill does not delegate
any additional  rulemaking authority to any state agency, officer,
department, or institution.  


SECTION BY SECTION ANALYSIS

     Section 1. Amends Section 406.024, Government Code, by
increasing the fees that a notary may charge as follows:

     (1) Increases the fee a notary may charge for protesting a
bill or note of nonacceptance or nonpayment, register and seal from
three dollars to five.

     (2) For each notice of protest from 50 cents to 1 dollar.

     (3) For protesting in all other cases from 50 cents per word
to a flat rate of 5 dollars.

     (4) For certificate and seal to protest from 3 dollars to 5
dollars.

     (5) For taking acknowledgment or proof of a deed or other
instrument in writing, for registration, including certificate and
seal, for the first signature from 5 dollars to 10 dollars.
     
     (6) For administering an oath or affirmation with certificate
with seal from 5 dollars to 7 dollars.

     (7) For a certificate under seal not otherwise provided for
from 5 dollars to 10 dollars.

     (10) For swearing a witness to a deposition, certificate of
seal and other business connected with the deposition, from 5
dollars to 7 dollars.

     (11) For notarial act not provided for from 5 dollars to 10
dollars.


     Section 2. Effective Date.  September 1, 1995.


     Section 3. Emergency Clause.


EXPLANATION OF AMENDMENTS

The amendment adopted added "or its employer" after "notary public" on page 1, line 6 of the bill.


SUMMARY OF COMMITTEE ACTION

H.B. 172 was heard in a Public Hearing on February 22, 1995.  Rep. Yarbrough offered an
amendment to H.B. 172.  There was no objection.  No one testified for or against the measure.  H.B.
172 was left pending in committee.  There was no objection.  H.B. 172 which was pending in
committee was recalled.  There was no objection.  Rep. Brimer moved that the full committee adopt
H.B. 172 as amended, and that it be reported favorably to the full House with the recommendation
that it do pass and be printed.  The motion prevailed by the following vote:  AYES (9), NAYS (0),
ABSENT (0), PNV (0)