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


Office of House Bill AnalysisH.B. 3134
By: Chavez
Judicial Affairs
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, there is a growing problem of notaries public representing
themselves as attorneys, especially to immigrants and individuals with
little or poor English speaking skills.  Notaries public are taking money
from these people without fulfilling the duties of an attorney.  House Bill
3134 adds to current provisions regarding notaries public stating or
implying that they are licensed to practice law in Texas.  The bill also
establishes criminal penalties for notaries public who falsely represent
and 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 Act is a Class A misdemeanor.  An offense under the Act
is felony of the third degree if it shown on the trial of the offense that
the defendant had previously been convicted of this crime.  The bill
removes provisions prohibiting the literal translation of the phrase
"Notary Public" into Spanish. 

EFFECTIVE DATE

September 1, 2001.