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.