SRC-JBJ H.B. 3134 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3134
77R9244 DLF-DBy: Chavez (West, Royce)
Jurisprudence
5/3/2001
Engrossed


DIGEST AND PURPOSE 

Currently, there are increasing occurrences of notaries public falsely
representing themselves as attorneys, particularly to immigrants and
persons with little or poor English language skills.  H.B. 3134 adds to
current provisions regarding notaries public stating or implying that they
are licensed to practice law in Texas and establishes criminal penalties
for notaries public who falsely represent or advertise themselves as
attorneys.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 406.017, Government Code, to provide that a
person commits an offense if the person is a notary public and the person
commits certain enumerated acts.  Requires the notice required by
Subsection (a)(5) to state that the notary public is not an attorney and to
be in English and in the language of the advertisement and in letters of a
conspicuous size.  Provides that it is an exception to prosecution under
this section that, at the time of the conduct charged, the person is
licensed to practice law in this state and in good standing with the State
Bar of Texas.  Provides that except as otherwise provided this section, an
offense under this section is a Class A misdemeanor.  Provides that an
offense under this section is a felony of the third degree if it is shown
on the trial of the offense that the defendant has previously been
convicted under this section.  Deletes existing text regarding a
prohibition of a certain translation. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 2001.