| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to creating a criminal offense for the use of a notary seal |
|
|
or counterfeit seal on a fraudulent document or instrument. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 406, Government Code, is |
|
|
amended by adding Section 406.027 to read as follows: |
|
|
Sec. 406.027. USE OF NOTARY SEAL OR COUNTERFEIT SEAL ON |
|
|
FRAUDULENT DOCUMENT OR INSTRUMENT; CRIMINAL OFFENSE. (a) For |
|
|
purposes of this section, "counterfeit seal" means a mark identical |
|
|
to or substantially indistinguishable from a notary seal that the |
|
|
secretary of state did not provide to or otherwise authorize use by |
|
|
the individual who affixed the mark, including a photocopy, scanned |
|
|
image, or other electronic copy of a notary seal. |
|
|
(b) A person commits an offense if the person knowingly: |
|
|
(1) affixes a notary seal or counterfeit seal to a |
|
|
document or instrument presumed to be fraudulent under Section |
|
|
51.901(c)(2); and |
|
|
(2) files, records, or attempts to file or record the |
|
|
document or instrument with a clerk of the supreme court, clerk of |
|
|
the court of criminal appeals, clerk of a court of appeals, district |
|
|
clerk, county clerk, district and county clerk, or municipal clerk. |
|
|
(c) An offense under this section is a Class A misdemeanor. |
|
|
(d) If conduct that constitutes an offense under this |
|
|
section also constitutes an offense under any other law, the actor |
|
|
may be prosecuted under this section, the other law, or both. |
|
|
SECTION 2. This Act takes effect September 1, 2025. |