TX House Bill 1683 | NNA
Law

TX House Bill 1683

Notary Law Update: TX House Bill 1683

State: Texas

Summary:

House Bill 1683 requires the Secretary of State to assign an identification number to all Notaries issued commissions on or after January 1, 2016 and requires this ID number to appear in the Notary's official seal.

Signed:  June 19, 2015

Effective:  January 01, 2016

Chapter: TBD

Affects:

Amends Section 406.001 of the Government Code

Changes:
  1. Requires the Secretary of State to issue an identification number to each Notary issued a commission on or after January 1, 2016.
  2. Requires Notary seals to include the Notary's ID number on or after January 1, 2016.
Analysis:

House Bill 1683 requires the Secretary of State to assign an identification number to all Notaries issued commissions on or after January 1, 2016 and requires this ID number to appear in the Notary's official seal. Issuing an ID number to each Notary is good public policy, because it provides a way to identify the Notary who notarized a document should there ever be a question regarding the notarization or authenticity of the document.

It is unclear whether Notaries with existing commissions on January 1, 2016 are exempt from the new seal provision. The usual way this is handled in legislation is to include a "grandfathering" provision exempting existing Notaries from replacing their existing seals until their current commission expires. HB 1683 does not contain such a provision. Section 4 of the new law clearly states that the Secretary of State is required only to issue identification numbers to a Notary who applies for a commission or reappointment on or after the effective date; however, it does not say that the provision requiring the seal to contain the ID number applies only to those Notaries who apply for a commission or reappointment on or after January 1, 2016.

Read the bill text.

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