The bill amends various sections of the Government Code related to notaries public, introducing new qualifications and requirements for appointment and reappointment. Notably, it adds a requirement for individuals to successfully complete education requirements established under Section 406.023 to qualify as a notary public. Additionally, it specifies that a notary public must retain records of notarizations for ten years and outlines the conditions under which a notary may face penalties for misconduct, including performing notarizations without the signer personally appearing.
Furthermore, the bill creates a new criminal offense for notaries who perform notarizations without the signer being present, classifying it as a Class A misdemeanor or a state jail felony if it involves real property. The Secretary of State is tasked with adopting rules to implement these changes, including establishing education requirements and allowing for a reasonable fee for courses. The new regulations will take effect on September 1, 2025, and will apply to applications submitted on or after January 1, 2026.
Statutes affected: Introduced: Government Code 406.006, Government Code 406.009, Government Code 406.011, Government Code 406.023 (Government Code 406)
House Committee Report: Government Code 406.006, Government Code 406.009, Government Code 406.011, Government Code 406.023 (Government Code 406)