bill requiring notary education and a written exam

The text as introduced · 601 words

89R9487 MZM-D

By: Swanson
H.B. No. 4203

A BILL TO BE ENTITLED

AN ACT

relating to education requirements for notaries public; providing a

civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 406, Government Code, is

amended by adding Section 406.0045 to read as follows:

Sec. 406.0045. EDUCATION REQUIREMENTS; CIVIL PENALTY. (a)

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

must:

(1) for appointment as a notary public, require a

person to complete:

(A) six hours of education for appointment; and

(B) a written examination to determine fitness to

serve as a notary public with questions based on the laws prescribed

for notaries public, including this chapter, Chapter 121, Civil

Practice and Remedies Code, and rules adopted by the secretary of

state; and

(2) for reappointment as a notary public, require

three hours of continuing education.

(b) The secretary of state shall:

(1) prescribe an application form for and accept

applications from third-party entities operating within this state

to develop and administer a course to satisfy the education

requirements established under Subsection (a);

(2) issue a certificate of approval for any course the

secretary determines includes all material that may be included in

the examination described by Subsection (a)(1); and

(3) publish a list of approved courses on the

secretary's Internet website.

(c) The secretary of state may provide an education course

for appointment as a notary public and for reappointment as a notary

public in addition to any course offered under Subsection (b).

(d) A person who provides notary public education in

violation of this section or rules adopted under this section is

liable for a civil penalty not to exceed $1,000 for each violation.

(e) The attorney general or the county attorney or district

attorney of the county in which the violation is alleged to have

occurred:

(1) may seek restitution and petition a district court

for the assessment of a civil penalty as provided by Subsection (d);

and

(2) shall notify the secretary of state of the

petition.

SECTION 2. 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 406.0045 .

SECTION 3. 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 406.0045 before being reappointed.

SECTION 4. Not later than July 1, 2026, the secretary of

state shall adopt rules necessary to implement the changes in law

made by this Act.

SECTION 5. (a) The changes in law made by this Act apply

only to an application for a notary public appointment or

reappointment submitted on or after July 1, 2026. An application

submitted before July 1, 2026, 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.

(b) A notary public appointed before July 1, 2026, shall

complete the education requirements for an initial appointment and

provide to the secretary of state written proof of completion when

applying for the first reappointment as a notary public occurring

after July 1, 2026.

SECTION 6. This Act takes effect September 1, 2025.