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>
1-7 Each person appointed and commissioned as a notary public
1-8 shall be at least eighteen (18) years of age, a resident of the
1-9 State of Texas, and must not have been convicted of a felony or
1-10 crime involving moral turpitude <To be eligible for appointment as
1-11 a notary public an individual must be a resident of this state and
1-12 at least 18 years old>.
1-13 SECTION 2. Section 406.005, Government Code, is amended by
1-14 amending Subsections (a) and (b) and adding a new Subsection (c) to
1-15 read as follows:
1-16 Sec. 406.005. APPOINTMENT PROCEDURE - STATEMENT
1-17 <APPLICATION>
1-18 (a) Each person to be appointed a notary public shall submit
1-19 an application to the secretary of state on a form prescribed by
1-20 the secretary of state <To be appointed a notary public an
1-21 individual must apply to the secretary of state on a form
1-22 prescribed by the secretary of state>. The application must
1-23 satisfy the secretary of state that the applicant is qualified.
2-1 The application must <state that the applicant has never been
2-2 convicted of a crime involving moral turpitude and must also>
2-3 state:
2-4 (1) the applicant's name to be used in acting as a
2-5 notary public;
2-6 (2) the applicant's post office address;
2-7 (3) the applicant's county of residence;
2-8 (4) the applicant's date of birth; <the applicant's
2-9 business address;>
2-10 (5) the applicant's driver's license number or the
2-11 number of other official state-issued identification <the county in
2-12 which the applicant's business is located>; and
2-13 (6) the applicant's social security number.
2-14 (b) The applicant shall also execute the statement of
2-15 officer as required by Texas Constitution Article XVI, Section 1
2-16 <The secretary of state shall act on an application at the
2-17 earliest practicable time and notify the applicant whether an
2-18 appointment has been made>.
2-19 (c) The statement shall be signed and sworn to (or affirmed)
2-20 by the applicant in the presence of a notary public or other person
2-21 authorized to administer oaths in this state.
2-22 SECTION 3. Subsections (a), (b), and (c), Section 406.006,
2-23 Government Code, are amended to read as follows:
2-24 Sec. 406.006. QUALIFICATION <REAPPLICATION>
2-25 An individual qualifies by:
3-1 (a) properly completing the application form;
3-2 <On receiving notice of appointment, the applicant must, not
3-3 later than the 30th day after the date of appointment, qualify as
3-4 provided by this subchapter. If the applicant does not qualify
3-5 within that period, the appointment is void.>
3-6 (b) executing the statement;
3-7 <An individual qualifies by:>
3-8 <(1) taking the official oath and providing the bond
3-9 required by Section 406.010; and>
3-10 <(2) paying the fees required by Section 406.007.>
3-11 (c) providing the bond;
3-12 <An individual whose appointment becomes void under
3-13 Subsection (a) must reapply to be appointed.>
3-14 (d) paying the required filing fees; and
3-15 (e) meeting the eligibility requirements.
3-16 SECTION 4. Subsection (a), Section 406.008, Government Code,
3-17 is amended to read as follows:
3-18 (a) Immediately after the qualification of a notary public,
3-19 the secretary of state shall send notice of appointment along with
3-20 <issue> a commission to the notary public. The commission is
3-21 effective as of the date of qualification.
3-22 SECTION 5. Section 406.009(d), Government Code, is amended
3-23 to read as follows:
3-24 (d) In this section, "good cause" includes:
3-25 (1) a final conviction for a crime involving moral
4-1 turpitude;
4-2 (2) a false statement knowingly made in an
4-3 application;
4-4 (3) the failure to comply with Section 406.017;
4-5 (4) a final conviction for a violation of a law
4-6 concerning the regulation of the conduct of notaries public in this
4-7 or another state; <and>
4-8 (5) the imposition on the notary public of an
4-9 administrative, criminal, or civil penalty for a violation of a law
4-10 or rule prescribing the duties of a notary public; or
4-11 (6) performing any notarization when the person for
4-12 whom the notarization is performed did not personally appear before
4-13 the notary at the time the notarization is executed.
4-14 SECTION 6. Section 406.009, Government Code, is amended by
4-15 adding Subsection (e) to read as follows:
4-16 (e) The dismissal and discharge of proceedings under either
4-17 the misdemeanor adult probation and supervision law or the adult
4-18 probation, parole, and mandatory supervision law shall not be
4-19 considered a conviction for the purposes of determining good cause.
4-20 SECTION 7. Section 406.010, Government Code, is amended to
4-21 read as follows:
4-22 (a) Each person to be <An individual> appointed a notary
4-23 public shall, before entering the official duties of office,
4-24 execute a bond in the amount of $10,000 <$2,500> with a solvent
4-25 surety company authorized to do business in this state as a surety.
5-1 The bond must be approved by the secretary of state, payable to the
5-2 governor, and conditioned on the faithful performance of the duties
5-3 of office. The secretary of state has the authority to accept an
5-4 electronic filing of the notary public bond if an agreement has
5-5 been made with the surety company.
5-6 (b) <The individual shall take the official oath of office
5-7 and subscribe the individual's name and social security number to
5-8 the oath. The oath and the certificate of the official
5-9 administering the oath must be endorsed on the notary bond.>
5-10 <(c)> The notary bond shall be deposited in the office of
5-11 the secretary of state, is not void on first recovery, and may be
5-12 sued on in the name of the injured party from time to time until
5-13 the whole amount of the bond is recovered.
5-14 (c) A notary public, before entering upon the duties of
5-15 office, shall take the official oath required by Texas Constitution
5-16 Article XVI, Section 1.
5-17 (d) The oath shall be signed and sworn to (or affirmed) by
5-18 the notary public in the presence of a notary public or other
5-19 person authorized to administer oaths in this state. A notary
5-20 public cannot execute his or her own oath of office <The State
5-21 Board of Insurance may approve rates for a four-year notary bond
5-22 issued after January 1, 1980, equivalent to twice the rate set
5-23 previously for two-year notary bonds>.
5-24 (e) The secretary of state shall provide an oath of office
5-25 form along with the commission and educational materials.
6-1 SECTION 8. Section 406.011, Government Code, is amended as
6-2 follows:
6-3 406.011. REAPPOINTMENT <EXPIRING TERM>
6-4 (a) Not earlier than ninety (90) days prior to the
6-5 expiration date of the notary's term, a notary public may apply for
6-6 reappointment upon submission of a new application to the secretary
6-7 of state <Not later than the 90th day before the date on which a
6-8 qualified notary public's term expires, the secretary of state
6-9 shall send the notary public an application for reappointment, a
6-10 notary bond, and an oath of office>.
6-11 (b) <On receiving the properly executed application for
6-12 reappointment, notary bond, oath of office, and statutory fees, the
6-13 secretary of state shall issue a commission to the notary public
6-14 for another term of office unless the notary public has been
6-15 convicted of a felony or a crime involving moral turpitude during
6-16 the term of office.>
6-17 <(c)> A notary public who is not reappointed on or before
6-18 the expiration date of the term the notary public is serving will
6-19 be appointed for a new term expiring four years from the date of
6-20 qualification <must apply for appointment in the manner provided by
6-21 Section 406.005>.
6-22 SECTION 9. Chapter 406, Government Code, is amended by
6-23 adding Section 406.025 to read as follows:
6-24 Sec. 406.025. SIGNATURE ON COMMISSIONS AFTER CHANGE IN
6-25 OFFICE
7-1 If the governor or secretary of state ceases to hold or
7-2 perform the duties of office, existing stocks of commissions
7-3 bearing the person's printed name, signature, or facsimile
7-4 signature may be used until they are exhausted, and the person
7-5 succeeding to the office or the duties of the office shall have the
7-6 commissions issued with:
7-7 (1) the obsolete printed name, signature, or facsimile
7-8 signature struck through;
7-9 (2) the successor's printed name submitted for the
7-10 obsolete printed name, signature, or facsimile signature; and
7-11 (3) the inscription "Printed name authorized by law"
7-12 near the successor's printed name.
7-13 SECTION 10. Subsection (a), Section 406.008, Government
7-14 Code, is repealed.
7-15 SECTION 11. This Act takes effect January 1, 1996.
7-16 SECTION 12. The importance of this legislation and the
7-17 crowded condition of the calendars in both houses create an
7-18 emergency and an imperative public necessity that the
7-19 constitutional rule requiring bills to be read on three several
7-20 days in each house be suspended, and this rule is hereby suspended.