1-1                                   AN ACT
 1-2     relating to certain conduct of notaries public; providing a
 1-3     penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 406.017, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 406.017.  REPRESENTATION AS ATTORNEY.  (a)  A person
 1-8     commits an offense if the person is a notary public and the person:
 1-9                 (1)  states or implies that the person is an attorney
1-10     licensed to practice law in this state;
1-11                 (2)  solicits or accepts compensation to prepare
1-12     documents for or otherwise represent the interest of another in a
1-13     judicial or administrative proceeding, including a proceeding
1-14     relating to immigration to the United States, United States
1-15     citizenship, or related matters;
1-16                 (3)  solicits or accepts compensation to obtain relief
1-17     of any kind on behalf of another from any officer, agency, or
1-18     employee of this state or the United States;
1-19                 (4)  uses the phrase "notario" or "notario publico" to
1-20     advertise the services of a notary public, whether by signs,
1-21     pamphlets, stationery, or other written communication or by radio
1-22     or television; or
1-23                 (5)  [who is not an attorney and who] advertises the
1-24     services of a notary public in a language other than English,
 2-1     whether by signs, pamphlets, stationery, or other written
 2-2     communication or by radio or television, if the person does not
 2-3     [shall] post or otherwise include with the advertisement a notice
 2-4     that complies with Subsection (b) [the notary public is not an
 2-5     attorney].
 2-6           (b)  The notice required by Subsection (a)(5) must state that
 2-7     the notary public is not an attorney and must be in English and in
 2-8     the language of the advertisement and in letters of a conspicuous
 2-9     size.  If the advertisement is by radio or television, the
2-10     statement may be modified, but must include substantially the same
2-11     message.  The notice must include the fees that a notary public may
2-12     charge and the following statement:
2-13           "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND
2-14     MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
2-15           (c)  It is an exception to prosecution under this section
2-16     that, at the time of the conduct charged, the person is licensed to
2-17     practice law in this state and in good standing with the State Bar
2-18     of Texas.
2-19           (d)  Except as provided by Subsection (e) of this section, an
2-20     offense under this section is a Class A misdemeanor.
2-21           (e)  An offense under this section is a felony of the third
2-22     degree if it is shown on the trial of the offense that the
2-23     defendant has previously been convicted under this section [Literal
2-24     translation of the phrase "Notary Public" into Spanish is
2-25     prohibited.  In this subsection, "literal translation" means the
2-26     translation of a word or phrase without regard to the true meaning
2-27     of the word or phrase in the language that is being translated].
 3-1           (f) [(d)]  Failure to comply with this section is, in
 3-2     addition to a violation of any other applicable law of this state,
 3-3     a deceptive trade practice actionable under Chapter 17, Business &
 3-4     Commerce Code.
 3-5           SECTION 2.  (a)  The change in law made by this Act applies
 3-6     only to the punishment for an offense committed on or after the
 3-7     effective date of this Act.  For purposes of this section, an
 3-8     offense is committed before the effective date of this Act if any
 3-9     element of the offense occurs before the effective date.
3-10           (b)  An offense committed before the effective date of this
3-11     Act is covered by the law in effect when the offense was committed,
3-12     and the former law is continued in effect for that purpose.
3-13           SECTION 3.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 3134 was passed by the House on April
         20, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 3134 was passed by the Senate on May
         17, 2001, by the following vote:  Yeas 30, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor