Texas 2025 - 89th Regular

Texas Senate Bill SB2359

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to notaries public; creating a criminal offense.

Impact

Under SB2359, the Government Code will see modifications that tighten the conditions for notarization, particularly emphasizing the necessity for signers to appear before the notary public. Notably, if a notary fails to comply with this requirement, they could face charges that vary based on the nature of the notarized document. This measure could potentially reduce instances of fraud and misuse of notarizations, protecting both the public and the integrity of legal documents.

Summary

SB2359 aims to amend existing regulations surrounding notaries public in Texas, primarily focusing on the notarization process and the qualifications needed to be a notary. The bill stipulates that notaries must meet updated education requirements and introduces a criminal offense for notarizing documents without the signer being physically present during the notarization process. This change is intended to enhance the integrity and reliability of notarizations, ensuring that notaries verify the identity of signers before executing any notarizations.

Contention

A primary point of contention surrounding SB2359 is the establishment of criminal liability for notaries who do not adhere to the personal appearance requirement during notarizations. Detractors may argue that this imposes an undue burden on notaries, especially those in remote areas or those who engage in online notarizations. The bill does include provisions for online notarizations via interactive technology, yet some participants in discussions may express concerns that the proposed measures could complicate the notarization process and create barriers to access for individuals needing notaries for legitimate purposes.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 406. Notary Public; Commissioner Of Deeds
    • Section: New Section
    • Section: 014
    • Section: 023

Companion Bills

TX HB3704

Identical Relating to notaries public; creating a criminal offense; authorizing a fee.

Previously Filed As

TX HB3657

Relating to notaries public; creating a criminal offense.

TX SB1518

Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.

TX HB5004

Relating to online notarizations.

TX SB1780

Relating to online notarizations.

TX HB4968

Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.

TX HB255

Relating to notaries public; increasing the amount of certain fees.

TX HB3057

Relating to extreme risk protective orders; creating criminal offenses.

TX SB529

Relating to extreme risk protective orders; creating criminal offenses.

TX HB1398

Relating to extreme risk protective orders; creating criminal offenses.

TX HB136

Relating to extreme risk protective orders; creating criminal offenses.

Similar Bills

No similar bills found.