LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION May 2, 2023 TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB3657 by Ancha (relating to notaries public; creating a criminal offense.), Committee Report 1st House, Substituted Creating a new criminal offense may result in additional demands upon state correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to criminal penalties. The bill would add a new good clause element for failure to maintain notary records for 15 years, which permits the Secretary of State to impose disciplinary action upon a notary. The bill would create a criminal offense for knowingly performing a notarization when the person for whom the notarization was performed did not personally appear before the notary public at the time the notarization was executed. The penalty would be a Class A misdemeanor but would increase to a third degree felony if the notarized document involved the transfer of real property. The bill would require the Secretary of State to adopt rules to establish certain education requirements for notaries. The impact on state correctional populations or on the demand for state correctional resources cannot be determined due to lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to criminal penalties.It is assumed that any costs associated with the continuing education requirements may be absorbed using existing resources. Local Government ImpactIt is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant. Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 307 Secretary of State LBB Staff: b > td > JMc, KDw, GP, LBO, MGol
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
May 2, 2023
TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB3657 by Ancha (relating to notaries public; creating a criminal offense.), Committee Report 1st House, Substituted
TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB3657 by Ancha (relating to notaries public; creating a criminal offense.), Committee Report 1st House, Substituted
Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB3657 by Ancha (relating to notaries public; creating a criminal offense.), Committee Report 1st House, Substituted
HB3657 by Ancha (relating to notaries public; creating a criminal offense.), Committee Report 1st House, Substituted
Creating a new criminal offense may result in additional demands upon state correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to criminal penalties.
Creating a new criminal offense may result in additional demands upon state correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to criminal penalties.
The bill would add a new good clause element for failure to maintain notary records for 15 years, which permits the Secretary of State to impose disciplinary action upon a notary. The bill would create a criminal offense for knowingly performing a notarization when the person for whom the notarization was performed did not personally appear before the notary public at the time the notarization was executed. The penalty would be a Class A misdemeanor but would increase to a third degree felony if the notarized document involved the transfer of real property. The bill would require the Secretary of State to adopt rules to establish certain education requirements for notaries. The impact on state correctional populations or on the demand for state correctional resources cannot be determined due to lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to criminal penalties.It is assumed that any costs associated with the continuing education requirements may be absorbed using existing resources.
The bill would add a new good clause element for failure to maintain notary records for 15 years, which permits the Secretary of State to impose disciplinary action upon a notary. The bill would create a criminal offense for knowingly performing a notarization when the person for whom the notarization was performed did not personally appear before the notary public at the time the notarization was executed. The penalty would be a Class A misdemeanor but would increase to a third degree felony if the notarized document involved the transfer of real property. The bill would require the Secretary of State to adopt rules to establish certain education requirements for notaries.
The impact on state correctional populations or on the demand for state correctional resources cannot be determined due to lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to criminal penalties.
It is assumed that any costs associated with the continuing education requirements may be absorbed using existing resources.
Local Government Impact
It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant.
Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 307 Secretary of State
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 307 Secretary of State
LBB Staff: b > td > JMc, KDw, GP, LBO, MGol
JMc, KDw, GP, LBO, MGol