Notaries Must Check Every Customer Against Terrorist List

The text as introduced · 500 words

90R4631 ZAG-D

By: Shofner
H.B. No. 733

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting notarization by notaries public for foreign

terrorist organizations; creating a criminal offense.

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

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

amended by adding Section 406.0092 to read as follows:

Sec. 406.0092. NOTARIZATION FOR FOREIGN TERRORIST

ORGANIZATIONS PROHIBITED; CRIMINAL OFFENSE. (a) In this section,

"foreign terrorist organization" means an organization listed by

the comptroller under Section 2270.0153 as a designated foreign

terrorist organization.

(b) Before performing a notarization, a notary public shall

determine whether the signer, grantor, maker, or principal for whom

the notarization is performed is associated with a foreign

terrorist organization. The secretary of state shall provide each

notary public with a current list of foreign terrorist

organizations.

(c) A person commits an offense if the person, with criminal

negligence and while acting as a notary public, performs a

notarization for a signer, grantor, maker, or principal who is a

foreign terrorist organization or a member of a foreign terrorist

organization.

(d) An offense under this section is a state jail felony.

SECTION 2. The heading to Section 406.010, Government Code,

is amended to read as follows:

Sec. 406.010. BOND , [ ; ] OATH , AND FOREIGN TERRORIST

ACKNOWLEDGEMENT FORM .

SECTION 3. Section 406.010, Government Code, is amended by

amending Subsections (e) and (f) and adding Subsection (g) to read

as follows:

(e) Each person to be appointed a notary public shall,

before entering on the duties of office, sign an acknowledgement

form swearing to not perform notarizations for foreign terrorist

organizations in violation of Section 406.0092.

(f) The secretary of state shall provide an oath of office

form along with the commission , foreign terrorist organization

acknowledgement form, and educational materials.

(g) [ (f) ] Subsections (a) and (b) do not apply to a person

whose services as a notary public are performed primarily as a state

officer or employee.

SECTION 4. Not later than December 1, 2027, the secretary of

state shall:

(1) adopt rules necessary to implement the changes in

law made by this Act; and

(2) make the foreign terrorist acknowledgement form

required under Section 406.010(e), Government Code, as amended by

this Act, available to notaries public.

SECTION 5. (a) Section 406.010, Government Code, as

amended by this Act, applies only to an application for a notary

public appointment or reappointment submitted on or after December

1, 2027. An application submitted before December 1, 2027, 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 who applies for appointment before

December 1, 2027, shall sign an acknowledgement required under

Section 406.010(e), Government Code, as amended by this Act, when

applying for the first reappointment as a notary public occurring

on or after December 1, 2027.

SECTION 6. This Act takes effect September 1, 2027.