By: Anchía H.B. No. 3657       A BILL TO BE ENTITLED   AN ACT   relating to notaries public; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 406.009(d), Government Code, is amended   to read as follows:          (d)  In this section, "good cause" includes:                (1)  a false statement knowingly made in an   application;                (2)  the failure to comply with Section 406.017;                (3)  a final conviction for a violation of a law   concerning the regulation of the conduct of notaries public in this   or another state;                (4)  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)  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; or                (6)  failure to maintain records under Section 406.014.          SECTION 2.  Subchapter A, Chapter 406, Government Code, is   amended by adding Section 406.0091 to read as follows:          Sec. 406.0091.  OFFENSE OF NOTARIZATION FOR PERSON NOT   PERSONALLY APPEARING. (a)  A person commits an offense if, as a   notary public, the person knowingly performs any notarization when   the person for whom the notarization is performed did not   personally appear before the notary public at the time the   notarization is executed.          (b)  An offense under this section is a Class A misdemeanor,   except that it is a felony of the third degree if the document being   notarized involves the transfer of real property.          SECTION 3.  Section 406.011, Government Code, is amended by   adding Subsection (c) to read as follows:          (c)  A notary public who has applied for reappointment must   successfully complete the continuing education requirements   established under Section 406.023 before being reappointed.          SECTION 4.  Section 406.014, Government Code, is amended by   adding Subsection (f) to read as follows:          (f)  A notary public shall retain the records required by   Subsection (a) until the 15th anniversary of the date of   notarization.          SECTION 5.  Section 406.023, Government Code, is amended by   adding Subsection (d) to read as follows:          (d)  The secretary of state shall adopt rules necessary to   establish continuing education requirements for reappointment as a   notary public.          SECTION 6.  Not later than January 1, 2024, the secretary of   state shall adopt rules necessary to implement the change in law   made by this Act.          SECTION 7.  The change in law made by this Act applies only   to an application for a notary public reappointment submitted on or   after January 1, 2024.  An application submitted before January 1,   2024, is governed by the law as it existed immediately before the   effective date of this Act, and that law is continued in effect for   that purpose.          SECTION 8.  This Act takes effect September 1, 2023.