| 1 | 1 | | By: RodrÃguez S.B. No. 665 |
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| 2 | 2 | | (In the Senate - Filed January 30, 2017; February 15, 2017, |
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| 3 | 3 | | read first time and referred to Committee on State Affairs; |
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| 4 | 4 | | April 12, 2017, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 5, Nays 4; April 12, 2017, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR S.B. No. 665 By: Hughes |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | A BILL TO BE ENTITLED |
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| 12 | 12 | | AN ACT |
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| 13 | 13 | | relating to education requirements for a notary public appointment; |
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| 14 | 14 | | authorizing a fee. |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 16 | | SECTION 1. Subchapter A, Chapter 406, Government Code, is |
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| 17 | 17 | | amended by adding Section 406.0045 to read as follows: |
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| 18 | 18 | | Sec. 406.0045. REQUIRED EDUCATIONAL COURSE. (a) An |
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| 19 | 19 | | applicant for an initial appointment as a notary public shall |
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| 20 | 20 | | complete an educational course approved by the secretary of state. |
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| 21 | 21 | | The educational course may be an online, self-study, or classroom |
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| 22 | 22 | | course. |
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| 23 | 23 | | (b) The secretary of state shall adopt rules necessary to |
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| 24 | 24 | | implement the educational course requirement imposed by Subsection |
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| 25 | 25 | | (a). The rules must: |
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| 26 | 26 | | (1) establish the standards for an educational course; |
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| 27 | 27 | | (2) establish the procedures for approving an |
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| 28 | 28 | | educational course; and |
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| 29 | 29 | | (3) set a nonrefundable vendor application and renewal |
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| 30 | 30 | | fee for a vendor of an educational course in an amount sufficient to |
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| 31 | 31 | | administer this section. |
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| 32 | 32 | | (c) The secretary of state may provide an educational course |
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| 33 | 33 | | to satisfy the requirements of Subsection (a). |
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| 34 | 34 | | (d) A fee received by the secretary of state under |
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| 35 | 35 | | Subsection (b)(3) must be appropriated to and used by the secretary |
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| 36 | 36 | | of state to administer this section. |
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| 37 | 37 | | SECTION 2. Section 406.005, Government Code, is amended by |
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| 38 | 38 | | adding Subsection (c) to read as follows: |
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| 39 | 39 | | (c) An application for an initial appointment under this |
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| 40 | 40 | | section must include a statement that the applicant has completed |
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| 41 | 41 | | an educational course required by Section 406.0045. |
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| 42 | 42 | | SECTION 3. Section 406.006, Government Code, is amended to |
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| 43 | 43 | | read as follows: |
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| 44 | 44 | | Sec. 406.006. QUALIFICATION. An individual qualifies by: |
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| 45 | 45 | | (1) properly completing the application form; |
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| 46 | 46 | | (2) executing the statement; |
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| 47 | 47 | | (3) providing the bond, if required; |
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| 48 | 48 | | (4) paying the required filing fees; [and] |
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| 49 | 49 | | (5) meeting the eligibility requirements; and |
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| 50 | 50 | | (6) providing a statement of completion of an |
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| 51 | 51 | | educational course if required by Section 406.0045. |
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| 52 | 52 | | SECTION 4. Section 406.007(a), Government Code, is amended |
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| 53 | 53 | | to read as follows: |
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| 54 | 54 | | (a) The applicant must submit to the secretary of state: |
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| 55 | 55 | | (1) a fee of $10 for approving and filing the bond of |
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| 56 | 56 | | the notary public, if required; and |
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| 57 | 57 | | (2) a fee of $1 to be appropriated to and used by the |
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| 58 | 58 | | secretary of state [only] for: |
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| 59 | 59 | | (A) hiring an investigator; |
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| 60 | 60 | | (B) administering and managing an educational |
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| 61 | 61 | | course under Section 406.0045(c); and |
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| 62 | 62 | | (C) [for] preparing and distributing the |
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| 63 | 63 | | materials required to be distributed under Section 406.008. |
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| 64 | 64 | | SECTION 5. Section 406.011, Government Code, is amended by |
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| 65 | 65 | | adding Subsection (c) to read as follows: |
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| 66 | 66 | | (c) Section 406.0045 does not apply to a notary public |
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| 67 | 67 | | applying for reappointment under this section. |
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| 68 | 68 | | SECTION 6. The changes in law made by this Act apply only to |
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| 69 | 69 | | an application for a notary public appointment received and |
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| 70 | 70 | | qualified on or after September 1, 2018. An application received |
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| 71 | 71 | | and qualified before September 1, 2018, is governed by the law as it |
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| 72 | 72 | | existed immediately before the effective date of this Act, and that |
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| 73 | 73 | | law is continued in effect for that purpose. |
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| 74 | 74 | | SECTION 7. This Act takes effect January 1, 2018. |
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| 75 | 75 | | * * * * * |
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