78R3228 SGA-D

By:  Martinez Fischer                                             H.B. No. 1488



A BILL TO BE ENTITLED

AN ACT

relating to the records and seal of a notary public.                          
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 406.022, Government Code, is amended to 
read as follows: 
	Sec. 406.022.  EFFECT OF VACANCY.  (a) If the office of a 
notary public becomes vacant or if the notary's commission expires 
and the notary does not renew the commission on or before the 30th 
day after the date the commission expired [due to resignation, 
removal, or death], the notary, or a representative of the notary, 
shall:
		(1)  deliver to the county clerk of the county in which 
the notary public resides [shall obtain] the record books and 
public papers belonging to the office of the notary public for [and] 
deposit [them] in the county clerk's office;
		(2)  pay a $15 fee to the county clerk for storage of 
the records and papers; and
		(3)  surrender to the county clerk the notary's seal of 
office.      
	(b)  The county clerk shall deposit a fee collected under 
this section to the credit of the general fund of the county.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.