1-1 By: Ellis S.B. No. 1391
1-2 (In the Senate - Filed March 13, 1995; March 20, 1995, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 21, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 10, Nays 2; April 21, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Nixon
1-7 Amend S.B. No. 1391 in SECTION 10, after the word "Subsection" and
1-8 before the "," (page 5, line 28 introduced version; committee
1-9 printing page 3, line 40) by striking the "(a)" and inserting "(c)"
1-10 in lieu thereof.
1-11 COMMITTEE AMENDMENT NO. 2 By: Nixon
1-12 Amend S.B. No. 1391 as follows:
1-13 Delete the language following "SECTION 3." and preceding
1-14 "Sec. 406.006. QUALIFICATION", and insert the following in lieu
1-15 thereof:
1-16 "Section 406.006, Government Code, is amended by amending
1-17 Subsections (a), (b), and (c), and by adding new Subsections (d)
1-18 and (e) to read as follows:"
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to records and seals of notaries public and to
1-22 qualification as a notary public.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 406.004, Government Code, is amended to
1-25 read as follows:
1-26 Sec. 406.004. ELIGIBILITY <RESIDENCE AND AGE>. Each person
1-27 appointed and commissioned as a notary public shall be at least 18
1-28 years of age and a resident of the State of Texas and must not have
1-29 been convicted of a felony or crime involving moral turpitude <To
1-30 be eligible for appointment as a notary public an individual must
1-31 be a resident of this state and at least 18 years old>.
1-32 SECTION 2. Section 406.005, Government Code, is amended by
1-33 amending Subsections (a) and (b) and by adding Subsection (c) to
1-34 read as follows:
1-35 Sec. 406.005.$APPOINTMENT PROCEDURE--STATEMENT <APPLICATION>.
1-36 (a) Each person to be appointed a notary public shall submit an
1-37 application <To be appointed a notary public an individual must
1-38 apply> to the secretary of state on a form prescribed by the
1-39 secretary of state. The application must satisfy the secretary of
1-40 state that the applicant is qualified. The application must <state
1-41 that the applicant has never been convicted of a crime involving
1-42 moral turpitude and must also> state:
1-43 (1) the applicant's name to be used in acting as a
1-44 notary public;
1-45 (2) the applicant's post office address;
1-46 (3) the applicant's county of residence;
1-47 (4) the applicant's date of birth <business address>;
1-48 (5) the applicant's driver's license number or the
1-49 number of other official state-issued identification <county in
1-50 which the applicant's business is located>; and
1-51 (6) the applicant's social security number.
1-52 (b) The applicant shall also execute the statement of
1-53 officers as required by Section 1, Article XVI, Texas Constitution
1-54 <secretary of state shall act on an application at the earliest
1-55 practicable time and notify the applicant whether an appointment
1-56 has been made>.
1-57 (c) The statement shall be signed and sworn to or affirmed
1-58 by the applicant in the presence of a notary public or other person
1-59 authorized to administer oaths in this state.
1-60 SECTION 3. Subsections (a), (b), and (c), Section 406.006,
1-61 Government Code, are amended to read as follows:
1-62 Sec. 406.006. QUALIFICATION<; REAPPLICATION>. An individual
1-63 qualifies by:
1-64 (1) properly completing the application form;
1-65 (2) executing the statement;
1-66 (3) providing the bond;
1-67 (4) paying the required filing fees; and
1-68 (5) meeting the eligibility requirements
2-1 <(a) On receiving notice of appointment, the applicant must,
2-2 not later than the 30th day after the date of appointment, qualify
2-3 as provided by this subchapter. If the applicant does not qualify
2-4 within that period, the appointment is void.>
2-5 <(b) An individual qualifies by:>
2-6 <(1) taking the official oath and providing the bond
2-7 required by Section 406.010; and>
2-8 <(2) paying the fees required by Section 406.007.>
2-9 <(c) An individual whose appointment becomes void under
2-10 Subsection (a) must reapply to be appointed>.
2-11 SECTION 4. Subsection (a), Section 406.008, Government Code,
2-12 is amended to read as follows:
2-13 (a) Immediately after the qualification of a notary public,
2-14 the secretary of state shall send notice of appointment along with
2-15 <issue> a commission to the notary public. The commission is
2-16 effective as of the date of qualification.
2-17 SECTION 5. Subsection (d), Section 406.009, Government Code,
2-18 is amended to read as follows:
2-19 (d) In this section, "good cause" includes:
2-20 (1) a final conviction for a crime involving moral
2-21 turpitude;
2-22 (2) a false statement knowingly made in an
2-23 application;
2-24 (3) the failure to comply with Section 406.017;
2-25 (4) a final conviction for a violation of a law
2-26 concerning the regulation of the conduct of notaries public in this
2-27 or another state; <and>
2-28 (5) the imposition on the notary public of an
2-29 administrative, criminal, or civil penalty for a violation of a law
2-30 or rule prescribing the duties of a notary public; or
2-31 (6) performing any notarization when the person for
2-32 whom the notarization is performed did not personally appear before
2-33 the notary at the time the notarization is executed.
2-34 SECTION 6. Section 406.009, Government Code, is amended by
2-35 adding Subsection (e) to read as follows:
2-36 (e) The dismissal and discharge of proceedings under either
2-37 the misdemeanor adult probation and supervision law or the adult
2-38 probation, parole, and mandatory supervision law shall not be
2-39 considered a conviction for the purposes of determining good cause.
2-40 SECTION 7. Section 406.010, Government Code, is amended to
2-41 read as follows:
2-42 Sec. 406.010. BOND; OATH. (a) Each person to be <An
2-43 individual> appointed a notary public shall, before entering the
2-44 official duties of office, execute a bond in the amount of $10,000
2-45 <$2,500> with a solvent surety company authorized to do business in
2-46 this state as a surety. The bond must be approved by the secretary
2-47 of state, payable to the governor, and conditioned on the faithful
2-48 performance of the duties of office. The secretary of state has
2-49 the authority to accept an electronic filing of the notary public
2-50 bond if an agreement has been made with the surety company.
2-51 (b) <The individual shall take the official oath of office
2-52 and subscribe the individual's name and social security number to
2-53 the oath. The oath and the certificate of the official
2-54 administering the oath must be endorsed on the notary bond.>
2-55 <(c)> The notary bond shall be deposited in the office of
2-56 the secretary of state, is not void on first recovery, and may be
2-57 sued on in the name of the injured party from time to time until
2-58 the whole amount of the bond is recovered.
2-59 (c) A notary public, before entering on the duties of
2-60 office, shall take the official oath required by Section 1, Article
2-61 XVI, Texas Constitution.
2-62 (d) The oath shall be signed and sworn to or affirmed by the
2-63 notary public in the presence of a notary public or other person
2-64 authorized to administer oaths in this state. A notary public
2-65 cannot execute his or her own oath of office <State Board of
2-66 Insurance may approve rates for a four-year notary bond issued
2-67 after January 1, 1980, equivalent to twice the rate set previously
2-68 for two-year notary bonds>.
2-69 (e) The secretary of state shall provide an oath of office
2-70 form along with the commission and educational materials.
3-1 SECTION 8. Section 406.011, Government Code, is amended to
3-2 read as follows:
3-3 Sec. 406.011. REAPPOINTMENT <EXPIRING TERM>. (a) Not
3-4 earlier than 90 days prior to the expiration date of the notary's
3-5 term, a notary public may apply for reappointment on submission of
3-6 a new application to the secretary of state <later than the 90th
3-7 day before the date on which a qualified notary public's term
3-8 expires, the secretary of state shall send the notary public an
3-9 application for reappointment, a notary bond, and an oath of
3-10 office>.
3-11 (b) <On receiving the properly executed application for
3-12 reappointment, notary bond, oath of office, and statutory fees, the
3-13 secretary of state shall issue a commission to the notary public
3-14 for another term of office unless the notary public has been
3-15 convicted of a felony or a crime involving moral turpitude during
3-16 the term of office.>
3-17 <(c)> A notary public who is not reappointed on or before
3-18 the expiration date of the term the notary public is serving will
3-19 be appointed for a new term expiring four years from the date of
3-20 qualification <must apply for appointment in the manner provided by
3-21 Section 406.005>.
3-22 SECTION 9. Subchapter A, Chapter 406, Government Code, is
3-23 amended by adding Section 406.025 to read as follows:
3-24 Sec. 406.025. SIGNATURE ON COMMISSIONS AFTER CHANGE IN
3-25 OFFICE. If the governor or secretary of state ceases to hold or
3-26 perform the duties of office, existing stocks of commissions
3-27 bearing the person's printed name, signature, or facsimile
3-28 signature may be used until they are exhausted, and the person
3-29 succeeding to the office or the duties of the office shall have the
3-30 commissions issued with:
3-31 (1) the obsolete printed name, signature, or facsimile
3-32 signature struck through;
3-33 (2) the successor's printed name submitted for the
3-34 obsolete printed name, signature, or facsimile signature; and
3-35 (3) the inscription "Printed name authorized by law"
3-36 near the successor's printed name.
3-37 SECTION 10. Subsection (a), Section 406.008, Government
3-38 Code, is repealed.
3-39 SECTION 11. This Act takes effect January 1, 1996.
3-40 SECTION 12. The importance of this legislation and the
3-41 crowded condition of the calendars in both houses create an
3-42 emergency and an imperative public necessity that the
3-43 constitutional rule requiring bills to be read on three several
3-44 days in each house be suspended, and this rule is hereby suspended.
3-45 * * * * *