79R470 MFC-D

By:  Carona                                                       S.B. No. 219



A BILL TO BE ENTITLED

AN ACT

relating to notaries public.                                                  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 406.005, Government Code, is amended by 
adding Subsection (c) to read as follows:
	(c)  The application must include a statement that the 
applicant has completed the educational course and passed the test 
that is given at the end of the course under Section 406.0061.
	SECTION 2.  Section 406.006, Government Code, is amended to 
read as follows: 
	Sec. 406.006.  QUALIFICATION.  An individual qualifies by:                     
		(1)  properly completing the application form;                                
		(2)  executing the statement;                                                 
		(3)  providing the bond, if required;                                         
		(4)  paying the required filing fees; [and]                  
		(5)  meeting the eligibility requirements; and                         
		(6)  completing the educational course and passing the 
test that is given at the end of the course under Section 406.0061 
during a period beginning six months before the date of the 
application and ending on the date of the application.
	SECTION 3.  Subchapter A, Chapter 406, Government Code, is 
amended by adding Section 406.0061 to read as follows:
	Sec. 406.0061.  EDUCATIONAL COURSE.  (a)  An individual must 
complete an educational course and pass a test on the material 
covered by the course as provided by this section to qualify for 
appointment or reappointment as a notary.
	(b)  The course must cover the duties and responsibilities of 
being a notary public, including instruction relating to:
		(1)  the history and purpose of notaries public in this 
state;       
		(2)  relevant constitutional provisions, statutes, 
case law, and procedures;
		(3)  issues relating to documents, including the 
prevention of crime and the alteration of documents;
		(4)  the difference between refusing to notarize a 
document and discrimination;
		(5)  fees;                                                             
		(6)  records; and                                                      
		(7)  the contribution and role of the notary in 
society.             
	(c)  The course may be administered through classroom, 
computer, or correspondence course instruction.
	(d)  The course must:                                                   
		(1)  be approved by the secretary of state; and                        
		(2)  be at least three hours in length.                                
	(e)  The person providing the course must allow each 
individual completing the course to take a test on the material 
covered by the course.  The test must be approved by the secretary 
of state.
	SECTION 4.  Section 406.024, Government Code, is amended by 
amending Subsection (a) and adding Subsection (c) to read as 
follows:
	(a)  A notary public or its employer may charge the following 
fees:          
		(1)  for protesting a bill or note for nonacceptance or 
nonpayment, register and seal, a fee of $5 [4];
		(2)  for each notice of protest, a fee of $2 [1];     
		(3)  for protesting in all other cases, a fee of $5 [4];
		(4)  for certificate and seal to a protest, a fee of $5
[4];
		(5)  for taking the acknowledgment or proof of a deed or 
other instrument in writing, for registration, including 
certificate and seal, a fee of $8 [6] for the first signature and $2
[1] for each additional signature;
		(6)  for administering an oath or affirmation with 
certificate and seal, a fee of $8 [6];
		(7)  for a certificate under seal not otherwise 
provided for, a fee of $8 [6];
		(8)  for a copy of a record or paper in the notary 
public's office, a fee of 75 [50] cents for each page;
		(9)  for taking the deposition of a witness, 50 cents 
for each 100 words;   
		(10)  for swearing a witness to a deposition, 
certificate, seal, and other business connected with taking the 
deposition, a fee of $8 [6]; and
		(11)  for a notarial act not provided for, a fee of $8
[6].
	(c)  A notary public may not charge a fee for any notarial act 
performed for a United States military veteran or a firefighter, 
police officer, or sheriff's deputy applying for a pension, 
allotment, allowance, compensation, insurance policy, or other 
benefit resulting from public service.
	SECTION 5.  (a)  Sections 1-3 of this Act apply only to an 
individual who applies for appointment or reappointment as a notary 
public on or after the effective date of this Act.  An individual 
who has been appointed or reappointed as a notary public or who has 
applied for appointment or reappointment before the effective date 
of this Act is governed by the law applicable immediately before the 
effective date of this Act, and that law is continued in effect for 
that purpose.
	(b)  Section 4 of this Act applies only to a fee charged by a 
notary public on or after the effective date of this Act.  Any fee 
charged by a notary public before the effective date of this Act is 
governed by the law applicable immediately before the effective 
date of this Act, and that law is continued in effect for that 
purpose.
	SECTION 6.  This Act takes effect September 1, 2005.