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A BILL TO BE ENTITLED
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AN ACT
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relating to notaries public; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 406.006, Government Code, is amended to |
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read as follows: |
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Sec. 406.006. QUALIFICATION. An individual qualifies by: |
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(1) properly completing the application form; |
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(2) executing the statement; |
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(3) providing the bond, if required; |
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(4) paying the required filing fees; [and] |
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(5) meeting the eligibility requirements; and |
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(6) successfully completing the education |
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requirements established under Section 406.023. |
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SECTION 2. Section 406.009(d), Government Code, is amended |
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to read as follows: |
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(d) In this section, "good cause" includes: |
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(1) a false statement knowingly made in an |
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application; |
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(2) the failure to comply with Section 406.017; |
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(3) a final conviction for a violation of a law |
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concerning the regulation of the conduct of notaries public in this |
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or another state; |
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(4) the imposition on the notary public of an |
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administrative, criminal, or civil penalty for a violation of a law |
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or rule prescribing the duties of a notary public; [or] |
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(5) performing any notarization when the person for |
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whom the notarization is performed did not personally appear before |
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the notary at the time the notarization is executed; or |
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(6) failure to maintain records under Section 406.014. |
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SECTION 3. Subchapter A, Chapter 406, Government Code, is |
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amended by adding Section 406.0091 to read as follows: |
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Sec. 406.0091. OFFENSE OF NOTARIZATION FOR PERSON NOT |
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PERSONALLY APPEARING. (a) A person commits an offense if, as a |
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notary public, the person performs any notarization with knowledge |
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that the signer, grantor, maker, or principal for whom the |
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notarization is performed did not personally appear before the |
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notary public at the time the notarization is executed. |
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(b) An offense under this section is a Class A misdemeanor, |
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except that it is a state jail felony if the document being |
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notarized involves the transfer of real property. |
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(c) It is an affirmative defense to prosecution under |
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Subsection (a) that the person who personally appeared before the |
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notary public knowingly presented an apparently valid proof of |
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identification identifying the person as the signer, grantor, |
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maker, or principal for whom the notarization was purported to be |
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performed, regardless of the identity of the person. |
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(d) For purposes of this section, a person personally |
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appears before a notary public if: |
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(1) for a notarization other than an online |
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notarization, the person physically appears before the notary |
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public at the time of the notarization in a manner that permits the |
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notary public and the person to see, hear, communicate with, and |
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provide proof of identification to each other; and |
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(2) for an online notarization, the person appears at |
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the time of the notarization by an interactive two-way video and |
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audio conference technology that meets the standards adopted for |
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online notarization under Section 406.104. |
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SECTION 4. Section 406.011, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A notary public who has applied for reappointment must |
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successfully complete the continuing education requirements |
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established under Section 406.023 before being reappointed. |
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SECTION 5. 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 shall retain the records required by |
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Subsection (a) until the 10th anniversary of the date of |
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notarization. |
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SECTION 6. Section 406.023, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) The secretary of state shall adopt rules necessary to |
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establish education requirements for appointment as a notary public |
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and continuing education requirements for reappointment. The rules |
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may not require a person to complete more than two hours of |
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education for appointment or two hours of continuing education for |
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reappointment as a notary public. The rules may not require a |
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person appointed as a notary public before September 1, 2023, to |
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complete education requirements required for initial appointment |
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as a notary public on or after that date. |
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SECTION 7. Not later than January 1, 2024, the secretary of |
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state shall adopt rules necessary to implement the change in law |
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made by this Act. |
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SECTION 8. The change in law made by this Act applies only |
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to an application for a notary public appointment or reappointment |
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submitted on or after January 1, 2024. An application submitted |
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before January 1, 2024, is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2023. |