90R4631 ZAG-D
 
  By: Shofner H.B. No. 733
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting notarization by notaries public for foreign
  terrorist organizations; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 406, Government Code, is
  amended by adding Section 406.0092 to read as follows:
         Sec. 406.0092.  NOTARIZATION FOR FOREIGN TERRORIST
  ORGANIZATIONS PROHIBITED; CRIMINAL OFFENSE. (a) In this section,
  "foreign terrorist organization" means an organization listed by
  the comptroller under Section 2270.0153 as a designated foreign
  terrorist organization.
         (b)  Before performing a notarization, a notary public shall
  determine whether the signer, grantor, maker, or principal for whom
  the notarization is performed is associated with a foreign
  terrorist organization. The secretary of state shall provide each
  notary public with a current list of foreign terrorist
  organizations.
         (c)  A person commits an offense if the person, with criminal
  negligence and while acting as a notary public, performs a
  notarization for a signer, grantor, maker, or principal who is a
  foreign terrorist organization or a member of a foreign terrorist
  organization.
         (d)  An offense under this section is a state jail felony.
         SECTION 2.  The heading to Section 406.010, Government Code,
  is amended to read as follows:
         Sec. 406.010.  BOND,[;] OATH, AND FOREIGN TERRORIST
  ACKNOWLEDGEMENT FORM.
         SECTION 3.  Section 406.010, Government Code, is amended by
  amending Subsections (e) and (f) and adding Subsection (g) to read
  as follows:
         (e)  Each person to be appointed a notary public shall,
  before entering on the duties of office, sign an acknowledgement
  form swearing to not perform notarizations for foreign terrorist
  organizations in violation of Section 406.0092.
         (f)  The secretary of state shall provide an oath of office
  form along with the commission, foreign terrorist organization
  acknowledgement form, and educational materials.
         (g) [(f)]  Subsections (a) and (b) do not apply to a person
  whose services as a notary public are performed primarily as a state
  officer or employee.
         SECTION 4.  Not later than December 1, 2027, the secretary of
  state shall:
               (1)  adopt rules necessary to implement the changes in
  law made by this Act; and
               (2)  make the foreign terrorist acknowledgement form
  required under Section 406.010(e), Government Code, as amended by
  this Act, available to notaries public.
         SECTION 5.  (a)  Section 406.010, Government Code, as
  amended by this Act, applies only to an application for a notary
  public appointment or reappointment submitted on or after December
  1, 2027.  An application submitted before December 1, 2027, 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 who applies for appointment before
  December 1, 2027, shall sign an acknowledgement required under
  Section 406.010(e), Government Code, as amended by this Act, when
  applying for the first reappointment as a notary public occurring
  on or after December 1, 2027.
         SECTION 6.  This Act takes effect September 1, 2027.