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                               * * * * *