Texas 2025 - 89th Regular

Texas Senate Bill SB693 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: West S.B. No. 693
2		-
3		-
	2	+	(In the Senate - Filed January 3, 2025; February 3, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	March 31, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 7, Nays 0; March 31, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 693 By: Flores
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5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to notaries public; creating a criminal offense.
9	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	15		SECTION 1. Section 406.006, Government Code, is amended to
11	16		read as follows:
12	17		Sec. 406.006. QUALIFICATION. An individual qualifies by:
13	18		(1) properly completing the application form;
14	19		(2) executing the statement;
15	20		(3) providing the bond, if required;
16	21		(4) paying the required filing fees; [and]
17	22		(5) meeting the eligibility requirements; and
18	23		(6) successfully completing the education
19	24		requirements established under Section 406.023.
20	25		SECTION 2. Section 406.009(d), Government Code, is amended
21	26		to read as follows:
22	27		(d) In this section, "good cause" includes:
23	28		(1) a false statement knowingly made in an
24	29		application;
25	30		(2) the failure to comply with Section 406.017;
26	31		(3) a final conviction for a violation of a law
27	32		concerning the regulation of the conduct of notaries public in this
28	33		or another state;
29	34		(4) the imposition on the notary public of an
30	35		administrative, criminal, or civil penalty for a violation of a law
31	36		or rule prescribing the duties of a notary public; [or]
32	37		(5) performing any notarization when the person for
33	38		whom the notarization is performed did not personally appear before
34	39		the notary at the time the notarization is executed; or
35	40		(6) failure to maintain records under Section 406.014.
36	41		SECTION 3. Subchapter A, Chapter 406, Government Code, is
37	42		amended by adding Section 406.0091 to read as follows:
38	43		Sec. 406.0091. OFFENSE OF NOTARIZATION FOR PERSON NOT
39	44		PERSONALLY APPEARING. (a) A person commits an offense if, as a
40	45		notary public, the person performs any notarization with knowledge
41	46		that the signer, grantor, maker, or principal for whom the
42	47		notarization is performed did not personally appear before the
43	48		notary public at the time the notarization is executed.
44	49		(b) An offense under this section is a Class A misdemeanor,
45	50		except that it is a state jail felony if the document being
46	51		notarized involves the transfer of real property.
47	52		(c) It is an affirmative defense to prosecution under
48	53		Subsection (a) that the person who personally appeared before the
49	54		notary public knowingly presented an apparently valid proof of
50	55		identification identifying the person as the signer, grantor,
51	56		maker, or principal for whom the notarization was purported to be
52	57		performed, regardless of the identity of the person.
53	58		(d) For purposes of this section, a person personally
54	59		appears before a notary public if:
55	60		(1) for a notarization other than an online
56	61		notarization, the person physically appears before the notary
57	62		public at the time of the notarization in a manner that permits the
58	63		notary public and the person to see, hear, communicate with, and
59	64		provide proof of identification to each other; and
60	65		(2) for an online notarization, the person appears at
61	66		the time of the notarization by an interactive two-way video and
62	67		audio conference technology that meets the standards adopted for
63	68		online notarization under Section 406.104.
64	69		SECTION 4. Section 406.011, Government Code, is amended by
65	70		adding Subsection (c) to read as follows:
66	71		(c) A notary public who has applied for reappointment must
67	72		successfully complete the continuing education requirements
68	73		established under Section 406.023 before being reappointed.
69	74		SECTION 5. Section 406.014, Government Code, is amended by
70	75		adding Subsection (g) to read as follows:
71	76		(g) A notary public shall retain the records required by
72	77		Subsection (a) until the 10th anniversary of the date of
73	78		notarization.
74	79		SECTION 6. Section 406.023, Government Code, is amended by
75	80		adding Subsection (d) to read as follows:
76	81		(d) The secretary of state shall adopt rules necessary to
77	82		establish education requirements for appointment and continuing
78	83		education requirements for reappointment as a notary public. The
79	84		rules:
80	85		(1) may not require a person to complete more than two
81	86		hours of education for appointment or two hours of continuing
82	87		education for reappointment;
83	88		(2) must require that the secretary of state establish
84		-	and offer education and continuing education courses ~~and allow the~~
85		-	~~secretary of state to charge a~~ reasonable price ~~for each course~~;
	89	+	and offer education and continuing education courses for a
	90	+	reasonable price;
86	91		(3) must prohibit any person other than the secretary
87	92		of state from providing education or continuing education courses;
88	93		and
89	94		(4) may not require a person appointed as a notary
90	95		public before September 1, 2025, to complete education requirements
91	96		required for initial appointment as a notary public on or after that
92	97		date.
93	98		SECTION 7. Not later than January 1, 2026, the secretary of
94	99		state shall adopt rules necessary to implement the change in law
95	100		made by this Act.
96	101		SECTION 8. The change in law made by this Act applies only
97	102		to an application for a notary public appointment or reappointment
98	103		submitted on or after January 1, 2026. An application submitted
99	104		before January 1, 2026, is governed by the law as it existed
100	105		immediately before the effective date of this Act, and that law is
101	106		continued in effect for that purpose.
102	107		SECTION 9. This Act takes effect September 1, 2025.
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