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.