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A BILL TO BE ENTITLED
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AN ACT
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relating to notaries public; increasing the amount of certain fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 406.013, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) A notary public may not: |
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(1) provide a copy of the notary public's seal to |
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another person; or |
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(2) affix or attach the notary public's seal to any |
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document except to authenticate the notary public's official act. |
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SECTION 2. Section 406.014, Government Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) A notary public may record the expiration date of an |
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identification card issued by a governmental agency or passport |
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issued by the United States if the signer, grantor, or maker of an |
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instrument or document presents the card or passport to the notary |
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public as identification. |
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SECTION 3. Section 406.024, Government Code, is amended to |
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read as follows: |
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Sec. 406.024. FEES CHARGED BY NOTARY PUBLIC. (a) A notary |
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public or its employer may charge the following fees: |
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(1) for protesting a bill or note for nonacceptance or |
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nonpayment, register and seal, a fee of $4; |
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(2) for each notice of protest, a fee of $1; |
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(3) for protesting in all other cases, a fee of $4; |
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(4) for certificate and seal to a protest, a fee of $4; |
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(5) for taking the acknowledgment or proof of a deed or |
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other instrument in writing, for registration, including |
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certificate and seal, a fee of $10 [$6] for the first signature and |
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$1 for each additional signature; |
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(6) for administering an oath or affirmation with |
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certificate and seal, a fee of $10 [$6]; |
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(7) for a certificate under seal not otherwise |
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provided for, a fee of $10 [$6]; |
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(8) for a copy of a record or paper in the notary |
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public's office, a fee of $1 [50 cents] for each page; |
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(9) for taking the deposition of a witness, $1 [50 |
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cents] for each 100 words; |
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(10) for swearing a witness to a deposition, |
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certificate, seal, and other business connected with taking the |
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deposition, a fee of $10 [$6]; and |
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(11) for a notarial act not provided for, a fee of $10 |
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[$6]. |
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(b) A notary public may charge a fee only for an |
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acknowledgment or official act under Subsection (a). The fee |
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charged may not exceed the fee authorized by Subsection (a), as |
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adjusted under Subsection (c). |
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(c) Once every five years, the secretary of state shall |
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adjust the fees provided under Subsection (a) by the amount that |
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results from applying the inflation rate, as determined by the |
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comptroller on the basis of the increase, if any, in the Consumer |
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Price Index for All Urban Consumers published by the Bureau of Labor |
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Statistics of the United States Department of Labor, to the current |
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fee amounts. |
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SECTION 4. The secretary of state shall make the first |
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adjustment in fees under Section 406.024(c), Government Code, as |
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added by this Act, not later than December 31, 2028. |
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SECTION 5. This Act takes effect September 1, 2023. |