By: Anchía, Anderson 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 with knowledge   that the signer, grantor, maker, or principal 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 state jail felony if the document being   notarized involves the transfer of real property.          (c)  It is an affirmative defense to prosecution under   Subsection (a) that the person who personally appeared before the   notary public knowingly presented an apparently valid proof of   identification identifying the person as the signer, grantor,   maker, or principal for whom the notarization was purported to be   performed, regardless of the identity of the person.          (d)  For purposes of this section, a person personally   appears before a notary public if:                (1)  for a notarization other than an online   notarization, the person physically appears before the notary   public at the time of the notarization in a manner that permits the   notary public and the person to see, hear, communicate with, and   provide proof of identification to each other; and                 (2)  for an online notarization, the person appears at   the time of the notarization by an interactive two-way video and   audio conference technology that meets the standards adopted for   online notarization under Section 406.104.          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 to complete more than two hours of   education for appointment or two hours of continuing education for   reappointment as a notary public. 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.