By: Anderson of Dallas (Senate Sponsor - Birdwell) H.B. No. 2235
(In the Senate - Received from the House May 18, 2015;
May 18, 2015, read first time and referred to Committee on State
Affairs; May 22, 2015, reported favorably by the following vote:
Yeas 8, Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility requirements of a notary public.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 406.004, Government Code, is amended to
read as follows:
Sec. 406.004. ELIGIBILITY. (a) Each person appointed and
commissioned as a notary public shall be at least 18 years of age
and a resident of the State of Texas and must not have been
convicted of a felony or crime involving moral turpitude.
(b) If the secretary of state discovers, at any time, that
an applicant to be a notary public or a commissioned notary public
is not eligible to serve as a notary public, the secretary of state
shall:
(1) reject the notary application; or
(2) revoke the notary commission.
SECTION 2. Section 406.009(d), Government Code, is amended
to read as follows:
(d) In this section, "good cause" includes:
(1) [a final conviction for a crime involving moral
turpitude;
[(2)] a false statement knowingly made in an
application;
(2) [(3)] the failure to comply with Section 406.017;
(3) [(4)] a final conviction for a violation of a law
concerning the regulation of the conduct of notaries public in this
or another state;
(4) [(5)] the imposition on the notary public of an
administrative, criminal, or civil penalty for a violation of a law
or rule prescribing the duties of a notary public; or
(5) [(6)] performing any notarization when the person
for whom the notarization is performed did not personally appear
before the notary at the time the notarization is executed.
SECTION 3. This Act takes effect September 1, 2015.
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