Texas House Bill HB4654

Texas 2025 - 89th Regular

• Filed: 3/12/25

Caption

Relating to creating a criminal offense for the use of a notary seal or counterfeit seal on a fraudulent document or instrument.

Impact

If enacted, HB 4654 would amend the Government Code of Texas by adding a new section specifically dedicated to this offense. The implications of this law are significant as they represent a step towards tightening regulations surrounding notarial acts, thus protecting the public from fraud associated with false documentation. The establishment of penalties for misuse of notary seals aims to deter potential fraudsters from exploiting notarial services, promoting a more secure environment for legal transactions that require notarization.

Summary

House Bill 4654 establishes a new criminal offense related to the improper use of notary seals, specifically addressing the use of counterfeit seals on fraudulent documents. The bill defines a 'counterfeit seal' as any mark resembling a notary seal that has not been authorized by the secretary of state. This legislative action aims to enhance the integrity of the notarial process and prevent fraudulent activities that exploit trust in notary practices. By making the affixing of a notary seal or counterfeit seal to a fraudulent instrument a Class A misdemeanor, the bill intends to hold individuals accountable for such offenses.

Contention

While the bill is primarily designed to combat specific fraudulent activities, there may be discussions regarding the interpretation of what constitutes a fraudulent document. Potential concerns could arise over how rigorously the enforcement of this new offense is applied, especially in cases where individuals may inadvertently affix a seal without malicious intent. As such, the balancing act between stringent enforcement and fair treatment of individuals is likely to be a point of discussion as lawmakers consider the potential ramifications of this bill.

Texas Constitutional Statutes Affected

Government Code

• Chapter 406. Notary Public; Commissioner Of Deeds
  • Section: New Section