89R9487 MZM-D
By: Swanson H.B. No. 4203
A BILL TO BE ENTITLED
AN ACT
relating to education requirements for notaries public; providing a
civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 406, Government Code, is
amended by adding Section 406.0045 to read as follows:
Sec. 406.0045. EDUCATION REQUIREMENTS; CIVIL PENALTY. (a)
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
must:
(1) for appointment as a notary public, require a
person to complete:
(A) six hours of education for appointment; and
(B) a written examination to determine fitness to
serve as a notary public with questions based on the laws prescribed
for notaries public, including this chapter, Chapter 121, Civil
Practice and Remedies Code, and rules adopted by the secretary of
state; and
(2) for reappointment as a notary public, require
three hours of continuing education.
(b) The secretary of state shall:
(1) prescribe an application form for and accept
applications from third-party entities operating within this state
to develop and administer a course to satisfy the education
requirements established under Subsection (a);
(2) issue a certificate of approval for any course the
secretary determines includes all material that may be included in
the examination described by Subsection (a)(1); and
(3) publish a list of approved courses on the
secretary's Internet website.
(c) The secretary of state may provide an education course
for appointment as a notary public and for reappointment as a notary
public in addition to any course offered under Subsection (b).
(d) A person who provides notary public education in
violation of this section or rules adopted under this section is
liable for a civil penalty not to exceed $1,000 for each violation.
(e) The attorney general or the county attorney or district
attorney of the county in which the violation is alleged to have
occurred:
(1) may seek restitution and petition a district court
for the assessment of a civil penalty as provided by Subsection (d);
and
(2) shall notify the secretary of state of the
petition.
SECTION 2. 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 406.0045.
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 406.0045 before being reappointed.
SECTION 4. Not later than July 1, 2026, the secretary of
state shall adopt rules necessary to implement the changes in law
made by this Act.
SECTION 5. (a) The changes in law made by this Act apply
only to an application for a notary public appointment or
reappointment submitted on or after July 1, 2026. An application
submitted before July 1, 2026, 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.
(b) A notary public appointed before July 1, 2026, shall
complete the education requirements for an initial appointment and
provide to the secretary of state written proof of completion when
applying for the first reappointment as a notary public occurring
after July 1, 2026.
SECTION 6. This Act takes effect September 1, 2025.