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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the maintenance of records and charging of fees by a |
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| 8 | 8 | | notary public; increasing the amount of certain fees. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 406.014, Government Code, is amended by |
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| 11 | 11 | | adding Subsection (f) to read as follows: |
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| 12 | 12 | | (f) A notary public may record the expiration date of an |
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| 13 | 13 | | identification card issued by a governmental agency or passport |
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| 14 | 14 | | issued by the United States if the signer, grantor, or maker of an |
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| 15 | 15 | | instrument or document presents the card or passport to the notary |
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| 16 | 16 | | public as identification. |
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| 17 | 17 | | SECTION 2. Section 406.024, Government Code, is amended to |
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| 18 | 18 | | read as follows: |
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| 19 | 19 | | Sec. 406.024. FEES CHARGED BY NOTARY PUBLIC. (a) A notary |
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| 20 | 20 | | public or its employer may charge the following fees: |
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| 21 | 21 | | (1) for protesting a bill or note for nonacceptance or |
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| 22 | 22 | | nonpayment, register and seal, a fee of $4; |
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| 23 | 23 | | (2) for each notice of protest, a fee of $1; |
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| 24 | 24 | | (3) for protesting in all other cases, a fee of $4; |
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| 25 | 25 | | (4) for certificate and seal to a protest, a fee of $4; |
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| 26 | 26 | | (5) for taking the acknowledgment or proof of a deed or |
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| 27 | 27 | | other instrument in writing, for registration, including |
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| 28 | 28 | | certificate and seal, a fee of $10 [$6] for the first signature and |
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| 29 | 29 | | $1 for each additional signature; |
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| 30 | 30 | | (6) for administering an oath or affirmation with |
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| 31 | 31 | | certificate and seal, a fee of $10 [$6]; |
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| 32 | 32 | | (7) for a certificate under seal not otherwise |
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| 33 | 33 | | provided for, a fee of $10 [$6]; |
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| 34 | 34 | | (8) for a copy of a record or paper in the notary |
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| 35 | 35 | | public's office, a fee of $1 [50 cents] for each page; |
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| 36 | 36 | | (9) for taking the deposition of a witness, $1 [50 |
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| 37 | 37 | | cents] for each 100 words; |
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| 38 | 38 | | (10) for swearing a witness to a deposition, |
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| 39 | 39 | | certificate, seal, and other business connected with taking the |
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| 40 | 40 | | deposition, a fee of $10 [$6]; and |
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| 41 | 41 | | (11) for a notarial act not provided for, a fee of $10 |
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| 42 | 42 | | [$6]. |
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| 43 | 43 | | (b) A notary public may charge a fee only for an |
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| 44 | 44 | | acknowledgment or official act under Subsection (a). The fee |
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| 45 | 45 | | charged may not exceed the fee authorized by Subsection (a), as |
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| 46 | 46 | | adjusted under Subsection (c). |
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| 47 | 47 | | (c) Once every five years, the secretary of state shall |
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| 48 | 48 | | adjust the fees provided under Subsection (a) by the amount that |
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| 49 | 49 | | results from applying the inflation rate, as determined by the |
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| 50 | 50 | | comptroller on the basis of the increase, if any, in the Consumer |
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| 51 | 51 | | Price Index for All Urban Consumers published by the Bureau of Labor |
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| 52 | 52 | | Statistics of the United States Department of Labor, to the current |
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| 53 | 53 | | fee amounts. |
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| 54 | 54 | | SECTION 3. The secretary of state shall make the first |
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| 55 | 55 | | adjustment in fees under Section 406.024(c), Government Code, as |
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| 56 | 56 | | added by this Act, not later than December 31, 2026. |
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| 57 | 57 | | SECTION 4. This Act takes effect September 1, 2021. |
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