By: AnchÃa H.B. No. 3657
A BILL TO BE ENTITLED
AN ACT
relating to notaries public; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 406.009(d), Government Code, is amended
to read as follows:
(d) In this section, "good cause" includes:
(1) a false statement knowingly made in an
application;
(2) the failure to comply with Section 406.017;
(3) a final conviction for a violation of a law
concerning the regulation of the conduct of notaries public in this
or another state;
(4) 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) 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; or
(6) failure to maintain records under Section 406.014.
SECTION 2. Subchapter A, Chapter 406, Government Code, is
amended by adding Section 406.0091 to read as follows:
Sec. 406.0091. OFFENSE OF NOTARIZATION FOR PERSON NOT
PERSONALLY APPEARING. (a) A person commits an offense if, as a
notary public, the person knowingly performs any notarization when
the person for whom the notarization is performed did not
personally appear before the notary public at the time the
notarization is executed.
(b) An offense under this section is a Class A misdemeanor,
except that it is a felony of the third degree if the document being
notarized involves the transfer of real property.
SECTION 3. Section 406.011, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) A notary public who has applied for reappointment must
successfully complete the continuing education requirements
established under Section 406.023 before being reappointed.
SECTION 4. Section 406.014, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) A notary public shall retain the records required by
Subsection (a) until the 15th anniversary of the date of
notarization.
SECTION 5. Section 406.023, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) The secretary of state shall adopt rules necessary to
establish continuing education requirements for reappointment as a
notary public.
SECTION 6. Not later than January 1, 2024, the secretary of
state shall adopt rules necessary to implement the change in law
made by this Act.
SECTION 7. The change in law made by this Act applies only
to an application for a notary public reappointment submitted on or
after January 1, 2024. An application submitted before January 1,
2024, is governed by the law as it existed immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 8. This Act takes effect September 1, 2023.