Legislation

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 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:

1. materials outlining the powers and duties of the office;             
2. a list of prohibited acts; [a-nd--]             
3. sample forms for an acknowledgment, jurat, and verification and for the administering of an oath, protest, and deposition; and             
4. the identifying number assigned to the notary public.

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.

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 a reappointment on or after the effective date of this Act.

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:             

1. reject the notary application; or
2. revoke the notary commission.

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

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

1. [a final conviction for a crime involving moral turpitude;
   [(2)]  a false statement knowingly made in an  application;
2. [(3)]  the failure to comply with Section 406.017;
3. [(4)]  a final conviction for a violation of a law  concerning the regulation of the conduct of notaries public in this or another state;
4. [(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
5. [(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.