88R20599 MZM-D
 
  By: Anchía H.B. No. 3657
 
  Substitute the following for H.B. No. 3657:
 
  By:  Johnson of Dallas C.S.H.B. No. 3657
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to notaries public; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 406.006, Government Code, is amended to
  read as follows:
         Sec. 406.006.  QUALIFICATION.  An individual qualifies by:
               (1)  properly completing the application form;
               (2)  executing the statement;
               (3)  providing the bond, if required;
               (4)  paying the required filing fees; [and]
               (5)  meeting the eligibility requirements; and
               (6)  successfully completing the education
  requirements established under Section 406.023.
         SECTION 2.  Section 406.009(d), Government Code, is amended
  to read as follows:
         (d)  In this section, "good cause" includes:
               (1)  a false statement knowingly made in an
  application;
               (2)  the failure to comply with Section 406.017;
               (3)  a final conviction for a violation of a law
  concerning the regulation of the conduct of notaries public in this
  or another state;
               (4)  the imposition on the notary public of an
  administrative, criminal, or civil penalty for a violation of a law
  or rule prescribing the duties of a notary public; [or]
               (5)  performing any notarization when the person for
  whom the notarization is performed did not personally appear before
  the notary at the time the notarization is executed; or
               (6)  failure to maintain records under Section 406.014.
         SECTION 3.  Subchapter A, Chapter 406, Government Code, is
  amended by adding Section 406.0091 to read as follows:
         Sec. 406.0091.  OFFENSE OF NOTARIZATION FOR PERSON NOT
  PERSONALLY APPEARING. (a)  A person commits an offense if, as a
  notary public, the person performs any notarization, other than an
  online notarization, with knowledge that the signer, grantor, or
  maker for whom the notarization is performed did not personally
  appear before the notary public at the time the notarization is
  executed.
         (b)  An offense under this section is a Class A misdemeanor,
  except that it is a felony of the third degree if the document being
  notarized involves the transfer of real property.
         SECTION 4.  Section 406.011, Government Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  A notary public who has applied for reappointment must
  successfully complete the continuing education requirements
  established under Section 406.023 before being reappointed.
         SECTION 5.  Section 406.014, Government Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  A notary public shall retain the records required by
  Subsection (a) until the 10th anniversary of the date of
  notarization.
         SECTION 6.  Section 406.023, Government Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  The secretary of state shall adopt rules necessary to
  establish education requirements for appointment as a notary public
  and continuing education requirements for reappointment.  The rules
  may not require a person appointed as a notary public before
  September 1, 2023, to complete education requirements required for
  initial appointment as a notary public on or after that date.
         SECTION 7.  Not later than January 1, 2024, the secretary of
  state shall adopt rules necessary to implement the change in law
  made by this Act.
         SECTION 8.  The change in law made by this Act applies only
  to an application for a notary public appointment or reappointment
  submitted on or after January 1, 2024.  An application submitted
  before January 1, 2024, is governed by the law as it existed
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 9.  This Act takes effect September 1, 2023.