| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to education requirements for notaries public; providing a |
|
|
civil penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 406, Government Code, is |
|
|
amended by adding Section 406.0045 to read as follows: |
|
|
Sec. 406.0045. EDUCATION REQUIREMENTS; CIVIL PENALTY. (a) |
|
|
The secretary of state shall adopt rules necessary to establish |
|
|
education requirements for appointment as a notary public and |
|
|
continuing education requirements for reappointment. The rules |
|
|
must: |
|
|
(1) for appointment as a notary public, require a |
|
|
person to complete: |
|
|
(A) six hours of education for appointment; and |
|
|
(B) a written examination to determine fitness to |
|
|
serve as a notary public with questions based on the laws prescribed |
|
|
for notaries public, including this chapter, Chapter 121, Civil |
|
|
Practice and Remedies Code, and rules adopted by the secretary of |
|
|
state; and |
|
|
(2) for reappointment as a notary public, require |
|
|
three hours of continuing education. |
|
|
(b) The secretary of state shall: |
|
|
(1) prescribe an application form for and accept |
|
|
applications from third-party entities operating within this state |
|
|
to develop and administer a course to satisfy the education |
|
|
requirements established under Subsection (a); |
|
|
(2) issue a certificate of approval for any course the |
|
|
secretary determines includes all material that may be included in |
|
|
the examination described by Subsection (a)(1); and |
|
|
(3) publish a list of approved courses on the |
|
|
secretary's Internet website. |
|
|
(c) The secretary of state may provide an education course |
|
|
for appointment as a notary public and for reappointment as a notary |
|
|
public in addition to any course offered under Subsection (b). |
|
|
(d) A person who provides notary public education in |
|
|
violation of this section or rules adopted under this section is |
|
|
liable for a civil penalty not to exceed $1,000 for each violation. |
|
|
(e) The attorney general or the county attorney or district |
|
|
attorney of the county in which the violation is alleged to have |
|
|
occurred: |
|
|
(1) may seek restitution and petition a district court |
|
|
for the assessment of a civil penalty as provided by Subsection (d); |
|
|
and |
|
|
(2) shall notify the secretary of state of the |
|
|
petition. |
|
|
SECTION 2. Section 406.006, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 406.006. QUALIFICATION. An individual qualifies by: |
|
|
(1) properly completing the application form; |
|
|
(2) executing the statement; |
|
|
(3) providing the bond, if required; |
|
|
(4) paying the required filing fees; [and] |
|
|
(5) meeting the eligibility requirements; and |
|
|
(6) successfully completing the education |
|
|
requirements established under Section 406.0045. |
|
|
SECTION 3. Section 406.011, Government Code, is amended by |
|
|
adding Subsection (c) to read as follows: |
|
|
(c) A notary public who has applied for reappointment must |
|
|
successfully complete the continuing education requirements |
|
|
established under Section 406.0045 before being reappointed. |
|
|
SECTION 4. Not later than July 1, 2026, the secretary of |
|
|
state shall adopt rules necessary to implement the changes in law |
|
|
made by this Act. |
|
|
SECTION 5. (a) The changes in law made by this Act apply |
|
|
only to an application for a notary public appointment or |
|
|
reappointment submitted on or after July 1, 2026. An application |
|
|
submitted before July 1, 2026, is governed by the law as it existed |
|
|
immediately before the effective date of this Act, and that law is |
|
|
continued in effect for that purpose. |
|
|
(b) A notary public appointed before July 1, 2026, shall |
|
|
complete the education requirements for an initial appointment and |
|
|
provide to the secretary of state written proof of completion when |
|
|
applying for the first reappointment as a notary public occurring |
|
|
after July 1, 2026. |
|
|
SECTION 6. This Act takes effect September 1, 2025. |