Texas 2015 - 84th Regular

Texas House Bill HB3309 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R14465 SCL-F
2	2	By: Sanford H.B. No. 3309
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to appointment of and performance of notarial acts by an
8	8	electronic notary public; authorizing a fee and creating a criminal
9	9	offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 406, Government Code, is amended by
12	12	adding Subchapter C to read as follows:
13	13	SUBCHAPTER C. ELECTRONIC NOTARY PUBLIC
14	14	Sec. 406.101. DEFINITIONS. In this subchapter:
15	15	(1) "Electronic" means relating to technology having
16	16	electrical, digital, magnetic, wireless, optical, electromagnetic,
17	17	or similar capabilities.
18	18	(2) "Electronic document" means information that is
19	19	created, generated, sent, communicated, received, or stored by
20	20	electronic means.
21	21	(3) "Electronic notarial certificate" means the
22	22	portion of a notarized electronic document that is completed by the
23	23	electronic notary public and contains the following:
24	24	(A) the electronic notary public's electronic
25	25	signature, title, and commission expiration date;
26	26	(B) other required information concerning the
27	27	date and place of the electronic notarization; and
28	28	(C) the facts attested to or certified by the
29	29	electronic notary public in the particular notarization.
30	30	(4) "Electronic notarization" means an official act by
31	31	an electronic notary public under this subchapter or as otherwise
32	32	authorized by law that involves an electronic document.
33	33	(5) "Electronic notary public" means a notary public
34	34	who has been authorized by the secretary of state to notarize
35	35	electronic documents.
36	36	(6) "Electronic seal" means information within a
37	37	notarized electronic document that confirms the electronic notary
38	38	public's name, jurisdiction, and commission expiration date and
39	39	generally corresponds to information in notary seals used on paper
40	40	documents.
41	41	(7) "Electronic signature" means an electronic sound,
42	42	symbol, or process attached to or logically associated with an
43	43	electronic document and executed or adopted by a person with the
44	44	intent to sign the electronic document.
45	45	Sec. 406.102. STANDARDS FOR ELECTRONIC NOTARIZATION. The
46	46	secretary of state by rule shall develop and maintain standards for
47	47	electronic notarization in accordance with this subchapter. The
48	48	secretary of state may confer with the Department of Information
49	49	Resources or other appropriate state agency on matters relating to
50	50	equipment, security, and technological aspects of the electronic
51	51	notarization standards.
52	52	Sec. 406.103. APPLICATION; QUALIFICATIONS. (a) A notary
53	53	public or an applicant for appointment as a notary public under
54	54	Subchapter A may apply to the secretary of state to be appointed and
55	55	commissioned as an electronic notary public in the manner provided
56	56	by this section.
57	57	(b) A person qualifies to be appointed as an electronic
58	58	notary public by satisfying the qualification requirements for
59	59	appointment as a notary public under Subchapter A, paying the
60	60	application fee described by Subsection (d), and electronically
61	61	submitting to the secretary of state an application in the form
62	62	prescribed by the secretary of state that satisfies the secretary
63	63	of state that the applicant is qualified. The application must
64	64	include:
65	65	(1) the applicant's full legal and official notary
66	66	names;
67	67	(2) a general description of the technology that the
68	68	applicant will use to create an electronic signature in performing
69	69	official acts;
70	70	(3) a certification of compliance with the secretary
71	71	of state's standards developed under Section 406.102;
72	72	(4) an e-mail address of the applicant; and
73	73	(5) a decrypting instruction, code, or key or
74	74	decrypting software that allows the electronic information in the
75	75	application to be read.
76	76	(c) The application described by Subsection (b) must be
77	77	signed by the applicant using the electronic signature described in
78	78	the application.
79	79	(d) The secretary of state may charge a fee of $10 for an
80	80	application submitted under this section.
81	81	Sec. 406.104. UPDATED TECHNOLOGY. If an electronic notary
82	82	public begins using technology to perform the electronic notary
83	83	public's duties other than the technology described by the
84	84	electronic notary public's application under Section 406.103, the
85	85	electronic notary public shall notify the secretary of state of the
86	86	use of the updated technology and provide a description of the
87	87	updated technology not later than the 90th day after the date the
88	88	electronic notary public begins to use the updated technology.
89	89	Sec. 406.105. PERFORMANCE OF NOTARIAL ACTS. An electronic
90	90	notary public:
91	91	(1) is a notary public for purposes of Subchapter A and
92	92	is subject to that subchapter to the same extent as a notary public
93	93	appointed and commissioned under that subchapter; and
94	94	(2) may perform notarial acts as provided by
95	95	Subchapter A in addition to performing electronic notarizations.
96	96	Sec. 406.106. ELECTRONIC RECORD OF ELECTRONIC
97	97	NOTARIZATIONS. (a) An electronic notary public shall keep a secure
98	98	electronic record of electronic documents notarized by the
99	99	electronic notary public. The electronic record must contain for
100	100	each electronic notarization:
101	101	(1) the date and time of the notarization;
102	102	(2) the type of notarization;
103	103	(3) the type, the title, or a description of the
104	104	electronic document or proceeding;
105	105	(4) the printed name and address of each principal
106	106	involved in the transaction or proceeding;
107	107	(5) evidence of identity of each principal involved in
108	108	the transaction or proceeding in the form of:
109	109	(A) a statement that the person is personally
110	110	known to the electronic notary public;
111	111	(B) a notation of the type of identification
112	112	document provided to the electronic notary public;
113	113	(C) the printed name and address of each credible
114	114	witness swearing to or affirming the person's identity and for each
115	115	credible witness not personally known to the electronic notary
116	116	public, a description of the type of identification documents
117	117	provided to the electronic notary public; or
118	118	(D) a recording of any video and audio conference
119	119	that is the basis for satisfactory evidence of identity and a
120	120	notation of the type of identification presented as evidence; and
121	121	(6) the fee, if any, charged for the notarization.
122	122	(b) The electronic notary public shall take reasonable
123	123	steps to:
124	124	(1) ensure the integrity, security, and authenticity
125	125	of electronic notarizations;
126	126	(2) maintain a backup for the electronic record
127	127	required by Subsection (a); and
128	128	(3) protect the backup record from unauthorized use.
129	129	(c) The electronic record required by Subsection (a) shall
130	130	be maintained for at least five years after the date of the
131	131	transaction or proceeding.
132	132	Sec. 406.107. USE OF ELECTRONIC RECORD, ELECTRONIC
133	133	SIGNATURE, AND SEAL. (a) An electronic notary public shall take
134	134	reasonable steps to ensure that any registered device used to
135	135	create an electronic signature is current and has not been revoked
136	136	or terminated by the device's issuing or registering authority.
137	137	(b) An electronic notary public shall keep the electronic
138	138	notary public's electronic record, electronic signature, and
139	139	electronic seal secure and under the electronic notary public's
140	140	exclusive control. The electronic notary public may not allow
141	141	another person to use the electronic notary public's electronic
142	142	record, electronic signature, or electronic seal.
143	143	(c) An electronic notary public may use the electronic
144	144	notary public's electronic signature only for performing
145	145	electronic notarization.
146	146	(d) An electronic notary public shall attach the electronic
147	147	notary public's electronic signature and seal to the electronic
148	148	notarial certificate of an electronic document in a manner that is
149	149	capable of independent verification and renders any subsequent
150	150	change or modification to the electronic document evident.
151	151	(e) An electronic notary public shall immediately notify an
152	152	appropriate law enforcement agency and the secretary of state of
153	153	the theft or vandalism of the electronic notary public's electronic
154	154	record, electronic signature, or electronic seal. An electronic
155	155	notary public shall immediately notify the secretary of state of
156	156	the loss or use by another person of the electronic notary public's
157	157	electronic record, electronic signature, or electronic seal.
158	158	Sec. 406.108. NOTARIZED ELECTRONIC DOCUMENTS TRANSMITTED
159	159	OUTSIDE OF THIS STATE. (a) If electronic evidence of the
160	160	authenticity of an electronic notary public's official signature
161	161	and seal is required for a notarized electronic document
162	162	transmitted to another state or a foreign country, an electronic
163	163	notary public shall attach or logically associate that evidence in
164	164	the form of an electronic certificate of authenticity provided
165	165	under Subsection (b).
166	166	(b) The secretary of state shall provide an electronic
167	167	certificate of authenticity for purposes of Subsection (a) by
168	168	providing an independently verifiable document in a form
169	169	substantially similar to the following:
170	170	Certificate of Authenticity for an Electronic Notarization
171	171	I, _______________ (name and title), certify that
172	172	_______________ (name of electronic notary public), the person
173	173	named as an electronic notary public in the attached or associated
174	174	electronic document, was commissioned as an electronic notary
175	175	public for the State of Texas and authorized to act as an electronic
176	176	notary public at the time of the document's electronic
177	177	notarization.
178	178	To verify this certificate, I have included my electronic
179	179	signature this _____ day of __________ 20____
180	180	(Electronic signature and seal of commissioning official)
181	181	(c) The secretary of state may charge a fee for providing a
182	182	certificate of authenticity under this section.
183	183	Sec. 406.109. FEES FOR ELECTRONIC NOTARIZATION. An
184	184	electronic notary public may charge a fee in an amount not to exceed
185	185	$25 for performing an electronic notarization.
186	186	Sec. 406.110. TERMINATION OF ELECTRONIC NOTARY PUBLIC'S
187	187	COMMISSION. (a) Except as provided by Subsection (b), an
188	188	electronic notary public whose commission terminates shall destroy
189	189	the coding, disk, certificate, card, software, or password that
190	190	enables electronic affixation of the electronic notary public's
191	191	official electronic signature or seal. The electronic notary
192	192	public shall certify compliance with this subsection to the
193	193	secretary of state.
194	194	(b) A former electronic notary public whose commission
195	195	terminated for a reason other than revocation or a denial of renewal
196	196	is not required to destroy the items described by Subsection (a) if
197	197	the former electronic notary public is recommissioned as an
198	198	electronic notary public with the same electronic signature and
199	199	seal within three months after the former electronic notary
200	200	public's former commission terminated.
201	201	Sec. 406.111. WRONGFUL POSSESSION OF SOFTWARE OR HARDWARE;
202	202	CRIMINAL OFFENSE. A person who, without authorization, knowingly
203	203	obtains, conceals, damages, or destroys the certificate, disk,
204	204	coding, card, program, software, or hardware enabling an electronic
205	205	notary public to affix an official electronic signature or seal
206	206	commits an offense. An offense under this section is a Class A
207	207	misdemeanor.
208	208	SECTION 2. This Act takes effect September 1, 2015.