Texas House Bill HB3322

Texas 2017 - 85th Regular

Caption

Relating to the use of certain words to imply that a person who is not an attorney is authorized to practice immigration law and the prosecution of a cause of action arising from that practice and educational requirements for a notary public appointment; authorizing a fee; affecting the prosecution of a criminal offense.

Impact

The bill introduces stricter protocols around the appointment and education of notaries public, mandating that those seeking initial appointments complete an approved educational course. Additionally, it stipulates that notaries public are prohibited from stating or implying that they are authorized to practice law. This regulatory change aims to ensure that notaries are adequately informed about their limitations and responsibilities, ultimately fostering a better-informed public and reducing instances of legal malpractice or exploitation in legal matters.

Summary

House Bill 3322 aims to regulate the usage of specific terms that might mislead individuals into believing that a person not authorized as an attorney can practice immigration law. The bill amends the Business and Commerce Code and establishes parameters for prosecuting those who use misleading titles or terms. Central to this regulation is protecting consumers, particularly immigrants, from potentially exploitative situations where non-attorneys pose as legal representatives. This bill therefore tightens the criteria for what can and cannot be implied through professional titles.

Contention

While supporters argue that the bill is necessary to protect vulnerable populations from fraud and misunderstanding in legal contexts, opponents might raise concerns regarding the implications for community-based support services that rely on non-attorneys providing assistance. The debate may center around maintaining access to services for immigrants who cannot afford legal counsel, questioning whether these regulatory measures might create barriers to necessary support. Furthermore, critics may argue that the added educational requirements and fees could dissuade individuals from becoming notaries, thus reducing available resources for communities in need.