Texas 2025 - 89th Regular

Texas Senate Bill SB2359 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2877 MZM-F
2	2	By: West S.B. No. 2359
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to notaries public; creating a criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 406.006, Government Code, is amended to
12	12	read as follows:
13	13	Sec. 406.006. QUALIFICATION. An individual qualifies by:
14	14	(1) properly completing the application form;
15	15	(2) executing the statement;
16	16	(3) providing the bond, if required;
17	17	(4) paying the required filing fees; [and]
18	18	(5) meeting the eligibility requirements; and
19	19	(6) successfully completing the education
20	20	requirements established under Section 406.023.
21	21	SECTION 2. Section 406.009(d), Government Code, is amended
22	22	to read as follows:
23	23	(d) In this section, "good cause" includes:
24	24	(1) a false statement knowingly made in an
25	25	application;
26	26	(2) the failure to comply with Section 406.017;
27	27	(3) a final conviction for a violation of a law
28	28	concerning the regulation of the conduct of notaries public in this
29	29	or another state;
30	30	(4) the imposition on the notary public of an
31	31	administrative, criminal, or civil penalty for a violation of a law
32	32	or rule prescribing the duties of a notary public; [or]
33	33	(5) performing any notarization when the person for
34	34	whom the notarization is performed did not personally appear before
35	35	the notary at the time the notarization is executed; or
36	36	(6) failure to maintain records under Section 406.014.
37	37	SECTION 3. Subchapter A, Chapter 406, Government Code, is
38	38	amended by adding Section 406.0091 to read as follows:
39	39	Sec. 406.0091. OFFENSE OF NOTARIZATION FOR PERSON NOT
40	40	PERSONALLY APPEARING. (a) A person commits an offense if, as a
41	41	notary public, the person performs any notarization with knowledge
42	42	that the signer, grantor, maker, or principal for whom the
43	43	notarization is performed did not personally appear before the
44	44	notary public at the time the notarization is executed.
45	45	(b) An offense under this section is a Class A misdemeanor,
46	46	except that it is a state jail felony if the document being
47	47	notarized involves the transfer of real property.
48	48	(c) It is an affirmative defense to prosecution under
49	49	Subsection (a) that the person who personally appeared before the
50	50	notary public knowingly presented an apparently valid proof of
51	51	identification identifying the person as the signer, grantor,
52	52	maker, or principal for whom the notarization was purported to be
53	53	performed, regardless of the identity of the person.
54	54	(d) For purposes of this section, a person personally
55	55	appears before a notary public if:
56	56	(1) for a notarization other than an online
57	57	notarization, the person physically appears before the notary
58	58	public at the time of the notarization in a manner that permits the
59	59	notary public and the person to see, hear, communicate with, and
60	60	provide proof of identification to each other; and
61	61	(2) for an online notarization, the person appears at
62	62	the time of the notarization by an interactive two-way video and
63	63	audio conference technology that meets the standards adopted for
64	64	online notarization under Section 406.104.
65	65	SECTION 4. Section 406.011, Government Code, is amended by
66	66	adding Subsection (c) to read as follows:
67	67	(c) A notary public who has applied for reappointment must
68	68	successfully complete the continuing education requirements
69	69	established under Section 406.023 before being reappointed.
70	70	SECTION 5. Section 406.014, Government Code, is amended by
71	71	adding Subsection (g) to read as follows:
72	72	(g) A notary public shall retain the records required by
73	73	Subsection (a) until the 10th anniversary of the date of
74	74	notarization.
75	75	SECTION 6. Section 406.023, Government Code, is amended by
76	76	adding Subsection (d) to read as follows:
77	77	(d) The secretary of state shall adopt rules necessary to
78	78	establish education requirements for appointment as a notary public
79	79	and continuing education requirements for reappointment. The rules
80	80	may not require a person to complete more than two hours of
81	81	education for appointment or two hours of continuing education for
82	82	reappointment as a notary public. The rules may not require a
83	83	person appointed as a notary public before September 1, 2025, to
84	84	complete education requirements required for initial appointment
85	85	as a notary public on or after that date.
86	86	SECTION 7. Not later than January 1, 2026, the secretary of
87	87	state shall adopt rules necessary to implement the change in law
88	88	made by this Act.
89	89	SECTION 8. The change in law made by this Act applies only
90	90	to an application for a notary public appointment or reappointment
91	91	submitted on or after January 1, 2026. An application submitted
92	92	before January 1, 2026, is governed by the law as it existed
93	93	immediately before the effective date of this Act, and that law is
94	94	continued in effect for that purpose.
95	95	SECTION 9. This Act takes effect September 1, 2025.