1-1 By: Chavez, Garcia (Senate Sponsor - West) H.B. No. 3134
1-2 (In the Senate - Received from the House April 23, 2001;
1-3 April 24, 2001, read first time and referred to Committee on
1-4 Jurisprudence; May 8, 2001, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 8, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to certain conduct of notaries public; providing a
1-9 penalty.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 406.017, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 406.017. REPRESENTATION AS ATTORNEY. (a) A person
1-14 commits an offense if the person is a notary public and the person:
1-15 (1) states or implies that the person is an attorney
1-16 licensed to practice law in this state;
1-17 (2) solicits or accepts compensation to prepare
1-18 documents for or otherwise represent the interest of another in a
1-19 judicial or administrative proceeding, including a proceeding
1-20 relating to immigration to the United States, United States
1-21 citizenship, or related matters;
1-22 (3) solicits or accepts compensation to obtain relief
1-23 of any kind on behalf of another from any officer, agency, or
1-24 employee of this state or the United States;
1-25 (4) uses the phrase "notario" or "notario publico" to
1-26 advertise the services of a notary public, whether by signs,
1-27 pamphlets, stationery, or other written communication or by radio
1-28 or television; or
1-29 (5) [who is not an attorney and who] advertises the
1-30 services of a notary public in a language other than English,
1-31 whether by signs, pamphlets, stationery, or other written
1-32 communication or by radio or television, if the person does not
1-33 [shall] post or otherwise include with the advertisement a notice
1-34 that complies with Subsection (b) [the notary public is not an
1-35 attorney].
1-36 (b) The notice required by Subsection (a)(5) must state that
1-37 the notary public is not an attorney and must be in English and in
1-38 the language of the advertisement and in letters of a conspicuous
1-39 size. If the advertisement is by radio or television, the
1-40 statement may be modified, but must include substantially the same
1-41 message. The notice must include the fees that a notary public may
1-42 charge and the following statement:
1-43 "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND
1-44 MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
1-45 (c) It is an exception to prosecution under this section
1-46 that, at the time of the conduct charged, the person is licensed to
1-47 practice law in this state and in good standing with the State Bar
1-48 of Texas.
1-49 (d) Except as provided by Subsection (e) of this section, an
1-50 offense under this section is a Class A misdemeanor.
1-51 (e) An offense under this section is a felony of the third
1-52 degree if it is shown on the trial of the offense that the
1-53 defendant has previously been convicted under this section [Literal
1-54 translation of the phrase "Notary Public" into Spanish is
1-55 prohibited. In this subsection, "literal translation" means the
1-56 translation of a word or phrase without regard to the true meaning
1-57 of the word or phrase in the language that is being translated].
1-58 (f) [(d)] Failure to comply with this section is, in
1-59 addition to a violation of any other applicable law of this state,
1-60 a deceptive trade practice actionable under Chapter 17, Business &
1-61 Commerce Code.
1-62 SECTION 2. (a) The change in law made by this Act applies
1-63 only to the punishment for an offense committed on or after the
1-64 effective date of this Act. For purposes of this section, an
2-1 offense is committed before the effective date of this Act if any
2-2 element of the offense occurs before the effective date.
2-3 (b) An offense committed before the effective date of this
2-4 Act is covered by the law in effect when the offense was committed,
2-5 and the former law is continued in effect for that purpose.
2-6 SECTION 3. This Act takes effect September 1, 2001.
2-7 * * * * *