88R20599 MZM-D     By: Anchía H.B. No. 3657     Substitute the following for H.B. No. 3657:     By:  Johnson of Dallas C.S.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 406.006, Government Code, is amended to   read as follows:          Sec. 406.006.  QUALIFICATION.  An individual qualifies by:                (1)  properly completing the application form;                (2)  executing the statement;                (3)  providing the bond, if required;                (4)  paying the required filing fees; [and]                (5)  meeting the eligibility requirements; and                (6)  successfully completing the education   requirements established under Section 406.023.          SECTION 2.  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 3.  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 performs any notarization, other than an   online notarization, with knowledge that the signer, grantor, or   maker 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 4.  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 5.  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 10th anniversary of the date of   notarization.          SECTION 6.  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 education requirements for appointment as a notary public   and continuing education requirements for reappointment.  The rules   may not require a person appointed as a notary public before   September 1, 2023, to complete education requirements required for   initial appointment as a notary public on or after that date.          SECTION 7.  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 8.  The change in law made by this Act applies only   to an application for a notary public appointment or 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 9.  This Act takes effect September 1, 2023.