By:  Ellis                                            S.B. No. 1391
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to records and seals of notaries public and to
    1-2  qualification as a notary public.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 406.004, Government Code, is amended to
    1-5  read as follows:
    1-6        Sec. 406.004.  ELIGIBILITY <RESIDENCE AND AGE>.  Each person
    1-7  appointed and commissioned as a notary public shall be at least 18
    1-8  years of age and a resident of the State of Texas and must not have
    1-9  been convicted of a felony or crime involving moral turpitude <To
   1-10  be eligible for appointment as a notary public an individual must
   1-11  be a resident of this state and at least 18 years old>.
   1-12        SECTION 2.  Section  406.005, Government Code, is amended by
   1-13  amending Subsections (a) and (b) and by adding Subsection (c) to
   1-14  read as follows:
   1-15        Sec. 406.005. APPOINTMENT PROCEDURE--STATEMENT <APPLICATION>.
   1-16  (a)  Each person to be appointed a notary public shall submit an
   1-17  application <To be appointed a notary public an individual must
   1-18  apply> to the secretary of state on a form prescribed by the
   1-19  secretary of state.  The application must satisfy the secretary of
   1-20  state that the applicant is qualified.  The application must <state
   1-21  that the applicant has never been convicted of a crime involving
   1-22  moral turpitude and must also> state:
   1-23              (1)  the applicant's name to be used in acting as a
    2-1  notary public;
    2-2              (2)  the applicant's post office address;
    2-3              (3)  the applicant's county of residence;
    2-4              (4)  the applicant's date of birth <business address>;
    2-5              (5)  the applicant's driver's license number or the
    2-6  number of other official state-issued identification <county in
    2-7  which the applicant's business is located>; and
    2-8              (6)  the applicant's social security number.
    2-9        (b)  The applicant shall also execute the statement of
   2-10  officers as required by Section 1, Article XVI, Texas Constitution
   2-11  <secretary of state shall act on an application at the earliest
   2-12  practicable time and notify the applicant whether an appointment
   2-13  has been made>.
   2-14        (c)  The statement shall be signed and sworn to or affirmed
   2-15  by the applicant in the presence of a notary public or other person
   2-16  authorized to administer oaths in this state.
   2-17        SECTION 3.  Section 406.006, Government Code, is amended to
   2-18  read as follows:
   2-19        Sec. 406.006.  QUALIFICATION<; REAPPLICATION>.  An individual
   2-20  qualifies by:
   2-21              (1)  properly completing the application form;
   2-22              (2)  executing the statement;
   2-23              (3)  providing the bond;
   2-24              (4)  paying the required filing fees; and
   2-25              (5)  meeting the eligibility requirements
    3-1        <(a)  On receiving notice of appointment, the applicant must,
    3-2  not later than the 30th day after the date of appointment, qualify
    3-3  as provided by this subchapter.  If the applicant does not qualify
    3-4  within that period, the appointment is void.>
    3-5        <(b)  An individual qualifies by:>
    3-6              <(1)  taking the official oath and providing the bond
    3-7  required by Section 406.010; and>
    3-8              <(2)  paying the fees required by Section 406.007.>
    3-9        <(c)  An individual whose appointment becomes void under
   3-10  Subsection (a) must reapply to be appointed>.
   3-11        SECTION 4.  Subsection (a), Section 406.008, Government Code,
   3-12  is amended to read as follows:
   3-13        (a)  Immediately after the qualification of a notary public,
   3-14  the secretary of state shall send notice of appointment along with
   3-15  <issue> a commission to the notary public.  The commission is
   3-16  effective as of the date of qualification.
   3-17        SECTION 5.  Subsection (d), Section 406.009, Government Code,
   3-18  is amended to read as follows:
   3-19        (d)  In this section, "good cause" includes:
   3-20              (1)  a final conviction for a crime involving moral
   3-21  turpitude;
   3-22              (2)  a false statement knowingly made in an
   3-23  application;
   3-24              (3)  the failure to comply with Section 406.017;
   3-25              (4)  a final conviction for a violation of a law
    4-1  concerning the regulation of the conduct of notaries public in this
    4-2  or another state; <and>
    4-3              (5)  the imposition on the notary public of an
    4-4  administrative, criminal, or civil penalty for a violation of a law
    4-5  or rule prescribing the duties of a notary public; or
    4-6              (6)  performing any notarization when the person for
    4-7  whom the notarization is performed did not personally appear before
    4-8  the notary at the time the notarization is executed.
    4-9        SECTION 6.  Section 406.009, Government Code, is amended by
   4-10  adding Subsection (e) to read as follows:
   4-11        (e)  The dismissal and discharge of proceedings under either
   4-12  the misdemeanor adult probation and supervision law or the adult
   4-13  probation, parole, and mandatory supervision law shall not be
   4-14  considered a conviction for the purposes of determining good cause.
   4-15        SECTION 7.  Section 406.010, Government Code, is amended to
   4-16  read as follows:
   4-17        Sec. 406.010.  BOND; OATH.  (a)  Each person to be <An
   4-18  individual> appointed a notary public shall, before entering the
   4-19  official duties of office, execute a bond in the amount of $10,000
   4-20  <$2,500> with a solvent surety company authorized to do business in
   4-21  this state as a surety.  The bond must be approved by the secretary
   4-22  of state, payable to the governor, and conditioned on the faithful
   4-23  performance of the duties of office.  The secretary of state has
   4-24  the authority to accept an electronic filing of the notary public
   4-25  bond if an agreement has been made with the surety company.
    5-1        (b)  <The individual shall take the official oath of office
    5-2  and subscribe the individual's name and social security number to
    5-3  the oath.  The oath and the certificate of the official
    5-4  administering the oath must be endorsed on the notary bond.>
    5-5        <(c)>  The notary bond shall be deposited in the office of
    5-6  the secretary of state, is not void on first recovery, and may be
    5-7  sued on in the name of the injured party from time to time until
    5-8  the whole amount of the bond is recovered.
    5-9        (c)  A notary public, before entering on the duties of
   5-10  office, shall take the official oath required by Section 1, Article
   5-11  XVI, Texas Constitution.
   5-12        (d)  The oath shall be signed and sworn to or affirmed by the
   5-13  notary public in the presence of a notary public or other person
   5-14  authorized to administer oaths in this state.  A notary public
   5-15  cannot execute his or her own oath of office <State Board of
   5-16  Insurance may approve rates for a four-year notary bond issued
   5-17  after January 1, 1980, equivalent to twice the rate set previously
   5-18  for two-year notary bonds>.
   5-19        (e)  The secretary of state shall provide an oath of office
   5-20  form along with the commission and educational materials.
   5-21        SECTION 8.  Section 406.011, Government Code, is amended to
   5-22  read as follows:
   5-23        Sec. 406.011.  REAPPOINTMENT <EXPIRING TERM>.  (a)  Not
   5-24  earlier than 90 days prior to the expiration date of the notary's
   5-25  term, a notary public may apply for reappointment on submission of
    6-1  a new application to the secretary of state <later than the 90th
    6-2  day before the date on which a qualified notary public's term
    6-3  expires, the secretary of state shall send the notary public an
    6-4  application for reappointment, a notary bond, and an oath of
    6-5  office>.
    6-6        (b)  <On receiving the properly executed application for
    6-7  reappointment, notary bond, oath of office, and statutory fees, the
    6-8  secretary of state shall issue a commission to the notary public
    6-9  for another term of office unless the notary public has been
   6-10  convicted of a felony or a crime involving moral turpitude during
   6-11  the term of office.>
   6-12        <(c)>  A notary public who is not reappointed on or before
   6-13  the expiration date of the term the notary public is serving will
   6-14  be appointed for a new term expiring four years from the date of
   6-15  qualification <must apply for appointment in the manner provided by
   6-16  Section 406.005>.
   6-17        SECTION 9.  Subchapter A, Chapter 406, Government Code, is
   6-18  amended by adding Section 406.025 to read as follows:
   6-19        Sec. 406.025.  SIGNATURE ON COMMISSIONS AFTER CHANGE IN
   6-20  OFFICE.  If the governor or secretary of state ceases to hold or
   6-21  perform the duties of office, existing stocks of commissions
   6-22  bearing the person's printed name, signature, or facsimile
   6-23  signature may be used until they are exhausted, and the person
   6-24  succeeding to the office or the duties of the office shall have the
   6-25  commissions issued with:
    7-1              (1)  the obsolete printed name, signature, or facsimile
    7-2  signature struck through;
    7-3              (2)  the successor's printed name submitted for the
    7-4  obsolete printed name, signature, or facsimile signature; and
    7-5              (3)  the inscription "Printed name authorized by law"
    7-6  near the successor's printed name.
    7-7        SECTION 10.  Subsection (c), Section 406.008, Government
    7-8  Code, is repealed.
    7-9        SECTION 11.  This Act takes effect January 1, 1996.
   7-10        SECTION 12.  The importance of this legislation and the
   7-11  crowded condition of the calendars in both houses create an
   7-12  emergency and an imperative public necessity that the
   7-13  constitutional rule requiring bills to be read on three several
   7-14  days in each house be suspended, and this rule is hereby suspended.