The bill amends various sections of the Government Code related to notaries public, introducing new qualifications and requirements for their 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 mandates that those applying for reappointment must complete continuing education requirements. The Secretary of State is tasked with adopting rules to implement these education requirements, which cannot exceed two hours for both initial appointment and reappointment.
Furthermore, the bill creates a new criminal offense for notaries who perform notarizations without the signer personally appearing before them, classifying this as a Class A misdemeanor or a state jail felony if it involves real property. The bill also clarifies what constitutes personal appearance for notarizations, including provisions for online notarizations. The changes will take effect on September 1, 2025, and will apply only to applications submitted on or after January 1, 2026, allowing for a transition period under the existing law for earlier applications.
Statutes affected: Introduced: Government Code 406.006, Government Code 406.009, Government Code 406.011, Government Code 406.023 (Government Code 406)