HBA-BSM H.B. 3134 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3134
By: Chavez
Judicial Affairs
7/25/2001
Enrolled



BACKGROUND AND PURPOSE 

There is a growing problem with notaries public representing themselves as
attorneys, especially to immigrants and individuals with little or poor
English speaking skills.  Notaries public under the auspices of fulfilling
the duties of an attorney are accepting money from these people.  House
Bill 3134 provides that notaries public commit an offense if the notaries
public state or imply that they are licensed to practice law in Texas.  The
bill also establishes criminal penalties for notaries public who falsely
represent or advertise themselves as attorneys.     

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3134 amends the Government Code to provide that a person commits
an offense if the person is a notary public and the person: 
 
 _states or implies that the person is an attorney licensed to practice law
in Texas; 
 
 _solicits or accepts compensation to prepare documents for or otherwise
represent the interest of another in a judicial or administrative
proceeding, including a proceeding relating to immigration to the United
States, United States citizenship, or related matters; 
 
 _solicits or accepts compensation to obtain relief of any kind on behalf
of another from any officer, agency, or employee of Texas or the United
States; 
 
 _uses the phrase "notario" or "notario publico" to advertise the services
of a notary public by any means; or 
 
 _the person does not post or otherwise include with the advertisement a
notice stating that the notary public is not an attorney. 

A violation of the provisions of this bill is a Class A misdemeanor.  An
offense under the provisions of this bill is a felony of the third degree
if it shown on the trial of the offense that the defendant had previously
been convicted of this crime.  

EFFECTIVE DATE

September 1, 2001.