BILL ANALYSIS S.B. 1391 By: Ellis (Brimer) 5-19-95 Committee Report (Unamended) BACKGROUND Currently, notary public applicants must submit applications in an inefficient two-step process. A one-step application process, along with a more logical renewal procedure, would significantly reduce costs to the state. PURPOSE S.B. 1391 simplifies the application and renewal procedure for notaries public. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 406.004, Government Code, as follows: Sec. 406.004. New heading: ELIGIBILITY. Requires each person appointed and commissioned as a notary public to be at least 18 years of age, a resident of the State of Texas, and to not have been convicted of a felony or crime involving moral turpitude. Deletes requirement criteria to be eligible as a notary public. SECTION 2. Amends Section 406.005, Government Code, by amending Subsections (a) and (b) and adding Subsection (c), as follows: Sec. 406.005. New heading: APPOINTMENT PROCEDURE - STATEMENT. (a) Requires each person to be appointed a notary public to submit an application to the secretary of state (secretary) on a form prescribed by the secretary of state. Requires the application to state certain information. Deletes a requirement that the applicant make a certain statement. (b) Requires the applicant to also execute the statement of officer as required by Article XVI, Section 1, Texas Constitution. Deletes a requirement that the secretary of state act on an application in a practicable time. (c) Requires the statement to be signed and sworn to (or affirmed) by the applicant in the presence of a notary public or other person authorized to administer oaths in this state. SECTION 3. Amends Section 406.006, Government Code. Sec. 406.006. New heading: QUALIFICATION. Provides that an individual qualifies by properly completing the application form; executing the statement; providing the bond; paying the required filing fees; and meeting the eligibility requirements. SECTION 4. Amends Section 406.008(a), Government Code, to require the secretary to send notice of appointment along with a commission to the notary public immediately after the qualification of a notary public. SECTION 5. Amends Section 406.009(d), Government Code, to define "good cause" to include performing any notarization when the person for whom the notarization is performed did not personally appear before the notary at the time the notarization is executed. SECTION 6. Amends Section 406.009, Government Code, by adding Subsection (e), to prohibit the dismissal and discharge of proceedings under either the misdemeanor adult probation and supervision law or the adult probation, parole, and mandatory supervision law from being considered a conviction for the purposes of determining good cause. SECTION 7. Amends Section 406.010, Government Code, as follows: (a) Requires each person to be appointed a notary public, before entering the official duties of office, to execute a bond in the amount of $10,000, rather than $2,500, with a solvent surety company authorized to do business in this state as a surety. Provides that the secretary has the authority to accept an electronic filing of the notary public bond if an agreement has been made with the surety company. (b) Requires the notary bond to be deposited in the office of the secretary and may be sued on in the name of the injured party from time to time until the whole amount of the bond is recovered. Deletes the official oath requirement. (c) Requires a notary public, before entering upon the duties of office, to take the official oath required by Article XVI, Section 1, Texas Constitution. (d) Requires the oath to be signed and sworn to (or affirmed) by the notary public in the presence of a notary public or other person authorized to administer oaths in this state. Prohibits a notary public from executing his or her own oath of office. Deletes the State Board of Insurance's authorization to approve rates. (e) Requires the secretary to provide an oath of office form along with the commission and educational materials. SECTION 8. Amends Section 406.011, Government Code, as follows: Sec. 406.011. New heading: REAPPOINTMENT. (a) Authorizes a notary public to apply for reappointment upon submission of a new application to the secretary not earlier than 90 days prior to the expiration date of the notary's term. (b) Provides that a notary public who is not reappointed on or before the expiration date of the term the notary public is serving will be appointed for a new term expiring four years from the date of qualification. Makes nonsubstantive changes. Deletes a requirement that the secretary issue a commission. SECTION 9. Amends Chapter 406, Government Code, by adding Section 406.025, as follows: Sec. 406.025. SIGNATURE ON COMMISSIONS AFTER CHANGE IN OFFICE. Authorizes existing stocks of commissions bearing the person's printed name, signature, or facsimile signature to be used until they are exhausted, and the person succeeding to the office or the duties of the office shall have the commissions issued with certain information. SECTION 10. Repealer: Section 406.008(c), Government Code (Regarding the performance of the duties of office after qualifying as a notary republic and before receiving the commission). SECTION 11. Effective date: January 1, 1996. SECTION 12. Emergency clause. SUMMARY OF COMMITTEE ACTION SB 1391 was heard in a Formal Meeting on May 19, 1995. The Chair laid out SB 1391, and recognized the House Sponsor, Rep. Brimer to explain the bill. Rep. Jones moved that the full committee adopt SB 1391 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: 7, NAYS: 0, ABSENT: 2.