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 notary applicants to successfully complete education requirements established under Section 406.023. Additionally, it specifies that a notary public must retain records of notarizations for ten years and outlines the conditions under which a notary may be penalized 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 the notarized document involves real property. The Secretary of State is tasked with adopting rules to implement these changes, including establishing education requirements for both initial appointments and continuing education for reappointments. The new provisions will take effect on September 1, 2025, and will apply only 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)