88R10362 JES-D
 
  By: Swanson, Reynolds H.B. No. 255
 
  Substitute the following for H.B. No. 255:
 
  By:  Vasut C.S.H.B. No. 255
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to notaries public; increasing the amount of certain fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 406.013, Government Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  A notary public may not:
               (1)  provide a copy of the notary public's seal to
  another person; or
               (2)  affix or attach the notary public's seal to any
  document except to authenticate the notary public's official act.
         SECTION 2.  Section 406.014, Government Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  A notary public may record the expiration date of an
  identification card issued by a governmental agency or passport
  issued by the United States if the signer, grantor, or maker of an
  instrument or document presents the card or passport to the notary
  public as identification.
         SECTION 3.  Section 406.024, Government Code, is amended to
  read as follows:
         Sec. 406.024.  FEES CHARGED BY NOTARY PUBLIC. (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 $4;
               (2)  for each notice of protest, a fee of $1;
               (3)  for protesting in all other cases, a fee of $4;
               (4)  for certificate and seal to a protest, a fee of $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 $10 [$6] for the first signature and
  $1 for each additional signature;
               (6)  for administering an oath or affirmation with
  certificate and seal, a fee of $10 [$6];
               (7)  for a certificate under seal not otherwise
  provided for, a fee of $10 [$6];
               (8)  for a copy of a record or paper in the notary
  public's office, a fee of $1 [50 cents] for each page;
               (9)  for taking the deposition of a witness, $1 [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 $10 [$6]; and
               (11)  for a notarial act not provided for, a fee of $10
  [$6].
         (b)  A notary public may charge a fee only for an
  acknowledgment or official act under Subsection (a). The fee
  charged may not exceed the fee authorized by Subsection (a), as
  adjusted under Subsection (c).
         (c)  Once every five years, the secretary of state shall
  adjust the fees provided under Subsection (a) by the amount that
  results from applying the inflation rate, as determined by the
  comptroller on the basis of the increase, if any, in the Consumer
  Price Index for All Urban Consumers published by the Bureau of Labor
  Statistics of the United States Department of Labor, to the current
  fee amounts.
         SECTION 4.  The secretary of state shall make the first
  adjustment in fees under Section 406.024(c), Government Code, as
  added by this Act, not later than December 31, 2028.
         SECTION 5.  This Act takes effect September 1, 2023.