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BILL ANALYSIS

 

 

Senate Research Center

H.B. 2501

83R18820 CAE-F

By: Bohac (Rodriguez)

 

Jurisprudence

 

5/14/2013

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Interested parties contend that because a notary public's stamp does not include unique identifying information, there is no method to quickly and accurately identify the individual who was the notary on a document should there ever be a question regarding the notarization or authenticity of the document.

 

H.B. 2501 amends current law relating to an identifying number assigned to a notary public by the secretary of state.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 406.001, Government Code, as follows:

 

Sec. 406.001.  APPOINTMENTS.  (a) Creates this subsection from existing text.  Authorizes the secretary of state (SOS) to appoint a notary public at any time.

 

(b) Requires SOS to assign each notary public an identifying number and keep a record of the number assigned to each notary public.

 

SECTION 2. Amends Section 406.008(b), Government Code, as follows:

 

(b) Requires SOS, when the commission is issued, to supply the notary public with:

 

(1)  Makes no change to this subdivision;

 

(2)-(3) Makes nonsusbtantive changes; and

 

(4)  the identifying number assigned to the notary public.

 

SECTION 3. Amends Section 406.013(a), Government Code, as follows:

 

(a) Requires a notary public to provide a seal of office that clearly shows, when embossed, stamped, or printed on a document, the words "Notary Public, State of Texas" around a star of five points, the notary public's name, the notary public's identifying number, and the date the notary public's commission expires.  Requires the notary public to authenticate all official acts with the seal of office.

 

SECTION 4. Requires SOS, notwithstanding the requirements of this Act that SOS issue an identifying number to each notary public, to issue an identifying number only to a notary public who applies for a commission or a reappointment on or after the effective date of this Act.

 

SECTION 5. Effective date: January 1, 2014.