By: AnchÃa, Anderson 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 406.006, Government Code, is amended to
read as follows:
Sec. 406.006. QUALIFICATION. An individual qualifies by:
(1) properly completing the application form;
(2) executing the statement;
(3) providing the bond, if required;
(4) paying the required filing fees; [and]
(5) meeting the eligibility requirements; and
(6) successfully completing the education
requirements established under Section 406.023.
SECTION 2. 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 3. 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 performs any notarization with knowledge
that the signer, grantor, maker, or principal 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 state jail felony if the document being
notarized involves the transfer of real property.
(c) It is an affirmative defense to prosecution under
Subsection (a) that the person who personally appeared before the
notary public knowingly presented an apparently valid proof of
identification identifying the person as the signer, grantor,
maker, or principal for whom the notarization was purported to be
performed, regardless of the identity of the person.
(d) For purposes of this section, a person personally
appears before a notary public if:
(1) for a notarization other than an online
notarization, the person physically appears before the notary
public at the time of the notarization in a manner that permits the
notary public and the person to see, hear, communicate with, and
provide proof of identification to each other; and
(2) for an online notarization, the person appears at
the time of the notarization by an interactive two-way video and
audio conference technology that meets the standards adopted for
online notarization under Section 406.104.
SECTION 4. 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 5. 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 10th anniversary of the date of
notarization.
SECTION 6. 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 education requirements for appointment as a notary public
and continuing education requirements for reappointment. The rules
may not require a person to complete more than two hours of
education for appointment or two hours of continuing education for
reappointment as a notary public. The rules may not require a
person appointed as a notary public before September 1, 2023, to
complete education requirements required for initial appointment
as a notary public on or after that date.
SECTION 7. 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 8. The change in law made by this Act applies only
to an application for a notary public appointment or 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 9. This Act takes effect September 1, 2023.