BILL ANALYSIS

 

 

Senate Research Center

H.B. 1683

84R8734 CAE-F

By: Bohac (Huffman)

 

State Affairs

 

5/19/2015

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, a notary public's stamp does not have unique identifying information. For instance, if the notary's name is Mary Smith, there is no method to identify Mary Smith as the Mary Smith who was the notary on a document should there ever be a question regarding the notarization or authenticity of the document. In an effort to connect notary publics to a document that they have notarized, H.B. 1683 requires that the secretary of state issue an identifying number to a notary public who applies for a commission or a reappointment on or after the effective date of this bill.

 

H.B. 1683 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 and makes no further change.

 

(b) Requires the secretary of state 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, to require the secretary of state, when the commission is issued, to supply the notary public with the identifying number assigned to the notary public, and to make a nonsubstantive change.

 

SECTION 3.  Amends Section 406.013(a), Government Code, to require 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.  Makes no further change.

 

SECTION 4. Provides that, notwithstanding the requirements of this Act that the secretary of state issue an identifying number to each notary public, the secretary of state is required 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, 2016.