By Chavez H.B. No. 3134
77R9244 DLF-D
A BILL TO BE ENTITLED
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.