Texas 2025 - 89th Regular

Texas Senate Bill SB2359

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to notaries public; creating a criminal offense.

Impact

Under SB2359, the Government Code will see modifications that tighten the conditions for notarization, particularly emphasizing the necessity for signers to appear before the notary public. Notably, if a notary fails to comply with this requirement, they could face charges that vary based on the nature of the notarized document. This measure could potentially reduce instances of fraud and misuse of notarizations, protecting both the public and the integrity of legal documents.

Summary

SB2359 aims to amend existing regulations surrounding notaries public in Texas, primarily focusing on the notarization process and the qualifications needed to be a notary. The bill stipulates that notaries must meet updated education requirements and introduces a criminal offense for notarizing documents without the signer being physically present during the notarization process. This change is intended to enhance the integrity and reliability of notarizations, ensuring that notaries verify the identity of signers before executing any notarizations.

Contention

A primary point of contention surrounding SB2359 is the establishment of criminal liability for notaries who do not adhere to the personal appearance requirement during notarizations. Detractors may argue that this imposes an undue burden on notaries, especially those in remote areas or those who engage in online notarizations. The bill does include provisions for online notarizations via interactive technology, yet some participants in discussions may express concerns that the proposed measures could complicate the notarization process and create barriers to access for individuals needing notaries for legitimate purposes.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 406. Notary Public; Commissioner Of Deeds
    • Section: New Section
    • Section: 014
    • Section: 023

Companion Bills

TX HB3704

Identical Relating to notaries public; creating a criminal offense.

Previously Filed As

TX SB1950

Relating to accepting an early voting ballot voted by mail; creating a criminal offense.

TX SB1436

Relating to accepting an early voting ballot voted by mail; creating a criminal offense.

TX SB1112

Relating to requirements for an early voting ballot voted by mail; creating a criminal offense.

TX HB1531

Relating to the making and receiving of referrals for legal services by certain legislators and executive officers; creating a criminal offense.

TX SB610

Relating to an unauthorized vote by a delegate or alternate delegate to a federal Article V convention; creating a criminal offense.

Similar Bills

No similar bills found.