Texas 2023 - 88th Regular

Texas House Bill HB3657 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Anchía, Anderson H.B. No. 3657
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to notaries public; creating a criminal offense.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 406.006, Government Code, is amended to
9	9	read as follows:
10	10	Sec. 406.006. QUALIFICATION. An individual qualifies by:
11	11	(1) properly completing the application form;
12	12	(2) executing the statement;
13	13	(3) providing the bond, if required;
14	14	(4) paying the required filing fees; [and]
15	15	(5) meeting the eligibility requirements; and
16	16	(6) successfully completing the education
17	17	requirements established under Section 406.023.
18	18	SECTION 2. Section 406.009(d), Government Code, is amended
19	19	to read as follows:
20	20	(d) In this section, "good cause" includes:
21	21	(1) a false statement knowingly made in an
22	22	application;
23	23	(2) the failure to comply with Section 406.017;
24	24	(3) a final conviction for a violation of a law
25	25	concerning the regulation of the conduct of notaries public in this
26	26	or another state;
27	27	(4) the imposition on the notary public of an
28	28	administrative, criminal, or civil penalty for a violation of a law
29	29	or rule prescribing the duties of a notary public; [or]
30	30	(5) performing any notarization when the person for
31	31	whom the notarization is performed did not personally appear before
32	32	the notary at the time the notarization is executed; or
33	33	(6) failure to maintain records under Section 406.014.
34	34	SECTION 3. Subchapter A, Chapter 406, Government Code, is
35	35	amended by adding Section 406.0091 to read as follows:
36	36	Sec. 406.0091. OFFENSE OF NOTARIZATION FOR PERSON NOT
37	37	PERSONALLY APPEARING. (a) A person commits an offense if, as a
38	38	notary public, the person performs any notarization with knowledge
39	39	that the signer, grantor, maker, or principal for whom the
40	40	notarization is performed did not personally appear before the
41	41	notary public at the time the notarization is executed.
42	42	(b) An offense under this section is a Class A misdemeanor,
43	43	except that it is a state jail felony if the document being
44	44	notarized involves the transfer of real property.
45	45	(c) It is an affirmative defense to prosecution under
46	46	Subsection (a) that the person who personally appeared before the
47	47	notary public knowingly presented an apparently valid proof of
48	48	identification identifying the person as the signer, grantor,
49	49	maker, or principal for whom the notarization was purported to be
50	50	performed, regardless of the identity of the person.
51	51	(d) For purposes of this section, a person personally
52	52	appears before a notary public if:
53	53	(1) for a notarization other than an online
54	54	notarization, the person physically appears before the notary
55	55	public at the time of the notarization in a manner that permits the
56	56	notary public and the person to see, hear, communicate with, and
57	57	provide proof of identification to each other; and
58	58	(2) for an online notarization, the person appears at
59	59	the time of the notarization by an interactive two-way video and
60	60	audio conference technology that meets the standards adopted for
61	61	online notarization under Section 406.104.
62	62	SECTION 4. Section 406.011, Government Code, is amended by
63	63	adding Subsection (c) to read as follows:
64	64	(c) A notary public who has applied for reappointment must
65	65	successfully complete the continuing education requirements
66	66	established under Section 406.023 before being reappointed.
67	67	SECTION 5. Section 406.014, Government Code, is amended by
68	68	adding Subsection (f) to read as follows:
69	69	(f) A notary public shall retain the records required by
70	70	Subsection (a) until the 10th anniversary of the date of
71	71	notarization.
72	72	SECTION 6. Section 406.023, Government Code, is amended by
73	73	adding Subsection (d) to read as follows:
74	74	(d) The secretary of state shall adopt rules necessary to
75	75	establish education requirements for appointment as a notary public
76	76	and continuing education requirements for reappointment. The rules
77	77	may not require a person to complete more than two hours of
78	78	education for appointment or two hours of continuing education for
79	79	reappointment as a notary public. The rules may not require a
80	80	person appointed as a notary public before September 1, 2023, to
81	81	complete education requirements required for initial appointment
82	82	as a notary public on or after that date.
83	83	SECTION 7. Not later than January 1, 2024, the secretary of
84	84	state shall adopt rules necessary to implement the change in law
85	85	made by this Act.
86	86	SECTION 8. The change in law made by this Act applies only
87	87	to an application for a notary public appointment or reappointment
88	88	submitted on or after January 1, 2024. An application submitted
89	89	before January 1, 2024, is governed by the law as it existed
90	90	immediately before the effective date of this Act, and that law is
91	91	continued in effect for that purpose.
92	92	SECTION 9. This Act takes effect September 1, 2023.