LAWS

LEGISLATION

HB 1683

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

  • SECTION 1.

    Section 406.001, Government Code, is amended to read as follows: 


    Sec. 406.001.  APPOINTMENTS. (a) The secretary of state may appoint a notary public at any time.


    (b)  The secretary of state shall assign each notary public an identifying number and keep a record of the number assigned to each notary public.

  • SECTION 2.

    Section 406.008(b), Government Code, is amended to read as follows: 


     (b)  When the commission is issued, the secretary of state shall supply the notary public with:


    materials outlining the powers and duties of the office;             

    a list of prohibited acts; [a-nd--]             

    sample forms for an acknowledgment, jurat, and verification and for the administering of an oath, protest, and deposition; and             

    the identifying number assigned to the notary public.

  • SECTION 3.

    Section 406.013(a), Government Code, is amended to read as follows: 


     (a)  A notary public shall provide a seal of office that clearly shows, when embossed, stamped, or printed on a document, the words "Notary Public, State of Texas" around a star of five points, the notary public's name, the notary public's identifying number, and the date the notary public's commission expires. The notary public shall authenticate all official acts with the seal of office.

  • SECTION 4.

    Notwithstanding the requirements of this Act that the secretary of state issue an identifying number to each notary public, the secretary of state is required to issue an identifying number only to a notary public who applies for a commission or reappointment on or after the effective date of this Act.



  • SECTION 5.

    This Act takes effect January 1, 2016.



HB 2235

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

  • SECTION 1.

    Section 406.004, Government Code, is amended to read as follows:

     

    Sec. 406.004.  ELIGIBILITY. (a)  Each person appointed and commissioned as a notary public shall be at least 18 years of age and a resident of the State of Texas and must not have been convicted of a felony or crime involving moral turpitude.


    (b)  If the secretary of state discovers, at any time, that an applicant to be a notary public or a commissioned notary public is not eligible to serve as a notary public, the secretary of state shall:             


    reject the notary application; or

    revoke the notary commission.

  • SECTION 2.

    Section 406.009(d), Government Code, is amended to read as follows:


    (d)  In this section, "good cause" includes:             


    [a final conviction for a crime involving moral turpitude;

    [(2)]  a false statement knowingly made in an  application;

    [(3)]  the failure to comply with Section 406.017;

    [(4)]  a final conviction for a violation of a law  concerning the regulation of the conduct of notaries public in this or another state;

    [(5)]  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

    [(6)]  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.

  • SECTION 3.

    This Act takes effect September 1, 2015.



NOTARY BONDS PROTECT THE PUBLIC. WE PROTECT THE NOTARY.


INSURANCE

NOTARY BONDS PROTECT THE PUBLIC. WE PROTECT THE NOTARY.



  • A Texas notary was sued for allegedly affixing her seal to a forged signature on a certificate of title. Although judgment was finally rendered in favor of the notary, she did incur $560 in legal fees.


  • Recently, a notary witnessed signatures in a real estate transaction which later were proven to be forgeries. Even though she was acting on instructions from her boss, that notary was held liable for $5,000 in damages and $2,493 in court costs. Don’t Go Unprotected. How much can a mistake cost? A small mistake can be expensive. Notarial losses are becoming more common everyday, from small suits – many in the $3,000 to $15,000 range – to major verdicts involving tens of thousands of dollars! Following are just a few examples of victimized notaries:-A notary lost $2,381 on a claim that he acknowledged a forged signature. Another notary is currently fighting a similar claim involving $14,671.-A Texas notary was sued for allegedly affixing her seal to a forged signature on a certificate of title.Although judgment was finally rendered in favor of the notary, she did incur $560 in legal fees.-Recently a notary witnessed signatures in a real estate transaction which later were proven to be forgeries. Even though she was acting on instructions from her boss, that notary was held liable for $5,000 In damages and $2,493 in court costs.