| |
| |
|
|
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. |