HB4203 - Relating to education requirements for notaries public; providing a civil penalty.

  89R9487 MZM-D     By: Swanson H.B. No. 4203       A BILL TO BE ENTITLED   AN ACT   relating to education requirements for notaries public; providing a   civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 406, Government Code, is   amended by adding Section 406.0045 to read as follows:           Sec.   406.0045.     EDUCATION REQUIREMENTS; CIVIL PENALTY.   (a)     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   must:                 (1)     for appointment as a notary public, require a   person to complete:                       (A)  six hours of education for appointment; and                       (B)     a written examination to determine fitness to   serve as a notary public with questions based on the laws prescribed   for notaries public, including this chapter, Chapter 121, Civil   Practice and Remedies Code, and rules adopted by the secretary of   state; and                 (2)     for reappointment as a notary public, require   three hours of continuing education.           (b)  The secretary of state shall:                 (1)     prescribe an application form for and accept   applications from third-party entities operating within this state   to develop and administer a course to satisfy the education   requirements established under Subsection (a);                 (2)     issue a certificate of approval for any course the   secretary determines includes all material that may be included in   the examination described by Subsection (a)(1); and                 (3)     publish a list of approved courses on the   secretary's Internet website.           (c)     The secretary of state may provide an education course   for appointment as a notary public and for reappointment as a notary   public in addition to any course offered under Subsection (b).           (d)     A person who provides notary public education in   violation of this section or rules adopted under this section is   liable for a civil penalty not to exceed $1,000 for each violation.           (e)     The attorney general or the county attorney or district   attorney of the county in which the violation is alleged to have   occurred:                 (1)     may seek restitution and petition a district court   for the assessment of a civil penalty as provided by Subsection (d);   and                 (2)     shall notify the secretary of state of the   petition.          SECTION 2.  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 406.0045 .          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 406.0045 before being reappointed.          SECTION 4.  Not later than July 1, 2026, the secretary of   state shall adopt rules necessary to implement the changes in law   made by this Act.          SECTION 5.  (a)  The changes in law made by this Act apply   only to an application for a notary public appointment or   reappointment submitted on or after July 1, 2026.  An application   submitted before July 1, 2026, 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.          (b)  A notary public appointed before July 1, 2026, shall   complete the education requirements for an initial appointment and   provide to the secretary of state written proof of completion when   applying for the first reappointment as a notary public occurring   after July 1, 2026.          SECTION 6.  This Act takes effect September 1, 2025.