West Bill’s New Notary Offense Comes With A Stand-In Defense

The text as introduced · 757 words

89R2877 MZM-F

By: West
S.B. No. 2359

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 with knowledge

that the signer, grantor, maker, or principal 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 state jail felony if the document being

notarized involves the transfer of real property.

(c) It is an affirmative defense to prosecution under

Subsection (a) that the person who personally appeared before the

notary public knowingly presented an apparently valid proof of

identification identifying the person as the signer, grantor,

maker, or principal for whom the notarization was purported to be

performed, regardless of the identity of the person.

(d) For purposes of this section, a person personally

appears before a notary public if:

(1) for a notarization other than an online

notarization, the person physically appears before the notary

public at the time of the notarization in a manner that permits the

notary public and the person to see, hear, communicate with, and

provide proof of identification to each other; and

(2) for an online notarization, the person appears at

the time of the notarization by an interactive two-way video and

audio conference technology that meets the standards adopted for

online notarization under Section 406.104.

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 (g) to read as follows:

(g) 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 to complete more than two hours of

education for appointment or two hours of continuing education for

reappointment as a notary public. The rules may not require a

person appointed as a notary public before September 1, 2025, to

complete education requirements required for initial appointment

as a notary public on or after that date.

SECTION 7. Not later than January 1, 2026, 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, 2026. An application submitted

before January 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.

SECTION 9. This Act takes effect September 1, 2025.