| 1 | 1 | | 89R9487 MZM-D |
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| 2 | 2 | | By: Swanson H.B. No. 4203 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to education requirements for notaries public; providing a |
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| 10 | 10 | | civil penalty. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 406, Government Code, is |
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| 13 | 13 | | amended by adding Section 406.0045 to read as follows: |
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| 14 | 14 | | Sec. 406.0045. EDUCATION REQUIREMENTS; CIVIL PENALTY. (a) |
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| 15 | 15 | | The secretary of state shall adopt rules necessary to establish |
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| 16 | 16 | | education requirements for appointment as a notary public and |
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| 17 | 17 | | continuing education requirements for reappointment. The rules |
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| 18 | 18 | | must: |
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| 19 | 19 | | (1) for appointment as a notary public, require a |
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| 20 | 20 | | person to complete: |
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| 21 | 21 | | (A) six hours of education for appointment; and |
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| 22 | 22 | | (B) a written examination to determine fitness to |
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| 23 | 23 | | serve as a notary public with questions based on the laws prescribed |
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| 24 | 24 | | for notaries public, including this chapter, Chapter 121, Civil |
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| 25 | 25 | | Practice and Remedies Code, and rules adopted by the secretary of |
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| 26 | 26 | | state; and |
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| 27 | 27 | | (2) for reappointment as a notary public, require |
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| 28 | 28 | | three hours of continuing education. |
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| 29 | 29 | | (b) The secretary of state shall: |
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| 30 | 30 | | (1) prescribe an application form for and accept |
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| 31 | 31 | | applications from third-party entities operating within this state |
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| 32 | 32 | | to develop and administer a course to satisfy the education |
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| 33 | 33 | | requirements established under Subsection (a); |
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| 34 | 34 | | (2) issue a certificate of approval for any course the |
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| 35 | 35 | | secretary determines includes all material that may be included in |
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| 36 | 36 | | the examination described by Subsection (a)(1); and |
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| 37 | 37 | | (3) publish a list of approved courses on the |
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| 38 | 38 | | secretary's Internet website. |
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| 39 | 39 | | (c) The secretary of state may provide an education course |
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| 40 | 40 | | for appointment as a notary public and for reappointment as a notary |
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| 41 | 41 | | public in addition to any course offered under Subsection (b). |
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| 42 | 42 | | (d) A person who provides notary public education in |
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| 43 | 43 | | violation of this section or rules adopted under this section is |
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| 44 | 44 | | liable for a civil penalty not to exceed $1,000 for each violation. |
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| 45 | 45 | | (e) The attorney general or the county attorney or district |
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| 46 | 46 | | attorney of the county in which the violation is alleged to have |
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| 47 | 47 | | occurred: |
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| 48 | 48 | | (1) may seek restitution and petition a district court |
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| 49 | 49 | | for the assessment of a civil penalty as provided by Subsection (d); |
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| 50 | 50 | | and |
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| 51 | 51 | | (2) shall notify the secretary of state of the |
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| 52 | 52 | | petition. |
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| 53 | 53 | | SECTION 2. Section 406.006, Government Code, is amended to |
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| 54 | 54 | | read as follows: |
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| 55 | 55 | | Sec. 406.006. QUALIFICATION. An individual qualifies by: |
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| 56 | 56 | | (1) properly completing the application form; |
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| 57 | 57 | | (2) executing the statement; |
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| 58 | 58 | | (3) providing the bond, if required; |
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| 59 | 59 | | (4) paying the required filing fees; [and] |
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| 60 | 60 | | (5) meeting the eligibility requirements; and |
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| 61 | 61 | | (6) successfully completing the education |
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| 62 | 62 | | requirements established under Section 406.0045. |
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| 63 | 63 | | SECTION 3. Section 406.011, Government Code, is amended by |
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| 64 | 64 | | adding Subsection (c) to read as follows: |
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| 65 | 65 | | (c) A notary public who has applied for reappointment must |
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| 66 | 66 | | successfully complete the continuing education requirements |
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| 67 | 67 | | established under Section 406.0045 before being reappointed. |
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| 68 | 68 | | SECTION 4. Not later than July 1, 2026, the secretary of |
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| 69 | 69 | | state shall adopt rules necessary to implement the changes in law |
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| 70 | 70 | | made by this Act. |
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| 71 | 71 | | SECTION 5. (a) The changes in law made by this Act apply |
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| 72 | 72 | | only to an application for a notary public appointment or |
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| 73 | 73 | | reappointment submitted on or after July 1, 2026. An application |
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| 74 | 74 | | submitted before July 1, 2026, is governed by the law as it existed |
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| 75 | 75 | | immediately before the effective date of this Act, and that law is |
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| 76 | 76 | | continued in effect for that purpose. |
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| 77 | 77 | | (b) A notary public appointed before July 1, 2026, shall |
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| 78 | 78 | | complete the education requirements for an initial appointment and |
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| 79 | 79 | | provide to the secretary of state written proof of completion when |
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| 80 | 80 | | applying for the first reappointment as a notary public occurring |
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| 81 | 81 | | after July 1, 2026. |
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| 82 | 82 | | SECTION 6. This Act takes effect September 1, 2025. |
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