By Madden H.B. No. 3224
77R7174 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notaries public; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 406.004, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 406.004. ELIGIBILITY. Each person appointed and
1-7 commissioned as a notary public shall be at least 18 years of age,
1-8 a United States citizen, and a resident of the State of Texas and
1-9 must not have been convicted of a felony or crime involving moral
1-10 turpitude.
1-11 SECTION 2. Section 406.005, Government Code, is amended by
1-12 adding Subsection (d) to read as follows:
1-13 (d) The application must include:
1-14 (1) evidence that the applicant has completed the
1-15 educational course and passed the test that is given at the end of
1-16 the course under Section 406.0061; and
1-17 (2) the employer agreement required under Section
1-18 406.026, if the applicant is employed.
1-19 SECTION 3. Section 406.006, Government Code, is amended to
1-20 read as follows:
1-21 Sec. 406.006. QUALIFICATION. An individual qualifies by:
1-22 (1) properly completing the application form;
1-23 (2) executing the statement;
1-24 (3) providing the bond;
2-1 (4) paying the required filing fees; [and]
2-2 (5) meeting the eligibility requirements;
2-3 (6) completing the educational course and passing the
2-4 test that is given at the end of the course under Section 406.0061;
2-5 and
2-6 (7) submitting the completed employer agreement
2-7 required under Section 406.026 if the individual is employed.
2-8 SECTION 4. Subchapter A, Chapter 406, Government Code, is
2-9 amended by adding Section 406.0061 to read as follows:
2-10 Sec. 406.0061. EDUCATIONAL COURSE. (a) An individual must
2-11 complete an educational course and pass a test on the material
2-12 covered by the course as provided by this section to qualify as a
2-13 notary.
2-14 (b) The course must cover the duties and responsibilities of
2-15 being a notary public, including instruction relating to:
2-16 (1) the history and purpose of notaries public in this
2-17 state;
2-18 (2) relevant constitutional provisions, statutes, case
2-19 law, and procedures;
2-20 (3) issues relating to documents, including the
2-21 prevention of crime, dealing with originals and copies, and the
2-22 alteration of documents;
2-23 (4) the difference between refusing to notarize a
2-24 document for a valid reason and unlawful discrimination;
2-25 (5) fees and the fee schedule;
2-26 (6) how to properly satisfy the employer and the
2-27 public;
3-1 (7) the notary's official stamp or seal;
3-2 (8) recordkeeping and filing;
3-3 (9) professional conduct;
3-4 (10) how to honorably treat the public; and
3-5 (11) the overall contribution and role of the notary
3-6 in an orderly society.
3-7 (c) The course must:
3-8 (1) be approved by the secretary of state; and
3-9 (2) be at least six hours but not more than eight
3-10 hours in length.
3-11 (d) The person providing the course must allow each
3-12 individual completing the course to take a test on the material
3-13 covered by the course. The test must be approved by the secretary
3-14 of state.
3-15 (e) Each person taking the course shall pay to the person
3-16 providing the course a fee of $2. The person providing the course
3-17 shall remit the fee to the secretary of state to be used only for
3-18 the office of notary certification and inspection under Section
3-19 406.0075.
3-20 SECTION 5. Section 406.007(a), Government Code, is amended to
3-21 read as follows:
3-22 (a) The applicant must submit to the secretary of state:
3-23 (1) a fee of $10 for approving and filing the bond of
3-24 the notary public; and
3-25 (2) a fee of $1 to be appropriated to and used by the
3-26 secretary of state only for the office of notary certification and
3-27 inspection under Section 406.0075. [hiring an investigator and for
4-1 preparing and distributing the materials required to be distributed
4-2 under Section 406.008.]
4-3 SECTION 6. Subchapter A, Chapter 406, Government Code, is
4-4 amended by adding Section 406.0075 to read as follows:
4-5 Sec. 406.0075. OFFICE OF NOTARY CERTIFICATION AND
4-6 INSPECTION. (a) The office of notary certification and inspection
4-7 is within the office of the secretary of state.
4-8 (b) The office shall:
4-9 (1) work directly with persons who provide the
4-10 educational course required under Section 406.0061 to ensure that
4-11 those persons comply with that section;
4-12 (2) ensure compliance with the requirements for the
4-13 educational course and testing under Section 406.0061;
4-14 (3) conduct random inspections of notaries throughout
4-15 the state;
4-16 (4) ensure compliance with agreements signed by
4-17 employers under Section 406.026; and
4-18 (5) serve as an ombudsman.
4-19 SECTION 7. Section 406.008, Government Code, is amended by
4-20 amending Subsection (b) and adding Subsection (c) to read as
4-21 follows:
4-22 (b) When the commission is issued, the secretary of state
4-23 shall supply the notary public with:
4-24 (1) materials outlining the powers and duties of the
4-25 office;
4-26 (2) a list of prohibited acts; [and]
4-27 (3) sample forms for an acknowledgment, jurat, and
5-1 verification and for the administering of an oath, protest, and
5-2 deposition; and
5-3 (4) materials and forms that will allow the notary to
5-4 comply with Section 406.026.
5-5 (c) When the commission is issued, the secretary of state
5-6 shall assign a unique identification number to the notary public.
5-7 The number must appear on the commission.
5-8 SECTION 8. Section 406.013, Government Code, is amended by
5-9 adding Subsection (d) to read as follows:
5-10 (d) The seal must clearly show the unique identification
5-11 number that the secretary of state has assigned to the notary.
5-12 SECTION 9. Section 406.024(a), Government Code, is amended to
5-13 read as follows:
5-14 (a) A notary public [or its employer] may charge the
5-15 following fees:
5-16 (1) for protesting a bill or note for nonacceptance or
5-17 nonpayment, register and seal, a fee of $4;
5-18 (2) for each notice of protest, a fee of $1;
5-19 (3) for protesting in all other cases, a fee of $4;
5-20 (4) for certificate and seal to a protest, a fee of
5-21 $4;
5-22 (5) for taking the acknowledgment or proof of a deed
5-23 or other instrument in writing, for registration, including
5-24 certificate and seal, a fee of $6 for the first signature and $1
5-25 for each additional signature;
5-26 (6) for administering an oath or affirmation with
5-27 certificate and seal, a fee of $6;
6-1 (7) for a certificate under seal not otherwise
6-2 provided for, a fee of $6;
6-3 (8) for a copy of a record or paper in the notary
6-4 public's office, a fee of 50 cents for each page;
6-5 (9) for taking the deposition of a witness, 50 cents
6-6 for each 100 words;
6-7 (10) for swearing a witness to a deposition,
6-8 certificate, seal, and other business connected with taking the
6-9 deposition, a fee of $6; and
6-10 (11) for a notarial act not provided for, a fee of $6.
6-11 SECTION 10. Subchapter A, Chapter 406, Government Code, is
6-12 amended by adding Section 406.026 to read as follows:
6-13 Sec. 406.026. EMPLOYMENT. (a) A notary is an independent
6-14 state officer available to the public to be engaged in the
6-15 performance of a specific notary act. The notary may not be
6-16 employed in a manner that requires the notary to be otherwise
6-17 engaged as a notary.
6-18 (b) A notary who is employed in a position that requires the
6-19 notary to perform duties other than as a notary shall:
6-20 (1) provide the employer with materials outlining the
6-21 powers and duties of the office of notary public that have been
6-22 prepared by the secretary of state; and
6-23 (2) obtain from the employer a written agreement
6-24 signed by the employer stating that the employer:
6-25 (A) acknowledges that the employer has read the
6-26 materials described under Subdivision (1); and
6-27 (B) agrees not to influence or attempt to
7-1 influence the notary in the performance of the notary's official
7-2 duties in violation of Section 36.03, Penal Code.
7-3 (c) The secretary of state shall make the materials
7-4 described under Subsection (b) available on the secretary of
7-5 state's official Internet website.
7-6 SECTION 11. Subchapter A, Chapter 406, Government Code, is
7-7 amended by adding Section 406.027 to read as follows:
7-8 Sec. 406.027. OFFENSE: SALE OF NOTARY SEAL WITHOUT
7-9 COMMISSION. (a) A person commits an offense if a person sells a
7-10 notary seal to an individual without first obtaining from the
7-11 individual the individual's commission.
7-12 (b) An offense under this section is a Class C misdemeanor.
7-13 SECTION 12. (a) This Act takes effect September 1, 2001.
7-14 (b) Sections 1-4, 7, 8, and 10 of this Act apply only to an
7-15 individual who applies for appointment or reappointment as a notary
7-16 public on or after the effective date of this Act. An individual
7-17 who has been appointed or reappointed a notary public or who has
7-18 applied for appointment or reappointment as a notary public before
7-19 the effective date of this Act is governed by the law applicable
7-20 immediately before the effective date of this Act, and that law is
7-21 continued in effect for that purpose.
7-22 (c) Section 11 of this Act applies to the sale of a notary
7-23 seal on or after the effective date of this Act, without regard to
7-24 whether the individual to whom the seal is sold is appointed or
7-25 reappointed before, on, or after that date.