TX House Bill 2235 | NNA
Law

TX House Bill 2235

Notary Law Update: TX House Bill 2235

State: Texas

Summary:

House Bill 2235 requires the Secretary of State to refuse to appoint or revoke the commission of any applicant or Notary if the Secretary discovers an applicant or Notary is not eligible to serve as a Notary.

Signed:  June 17, 2015

Effective:  September 01, 2015

Chapter: TBD

Affects:

Section 406.004 of the Government Code

Changes:
  1. Requires the Secretary of State to refuse to appoint or revoke the commission of any applicant or Notary if the Secretary discovers an applicant or Notary is not eligible to serve as a Notary.
  2. Removes from the definition of "good cause" which constitute grounds for the denial, suspension or revocation of a Notary commission a final conviction for a crime involving moral turpitude.
Analysis:

According to the bill analysis, since mid-2009, after receiving a Texas Attorney General Opinion, the Texas Secretary of State has taken the position that it has no discretionary authority with respect to rejecting an applicant for a Notary commission who has a final conviction for a crime involving moral turpitude. The purpose of HB 2235 is to codify the Attorney General opinion and clarify that the Secretary no discretion to commission an individual who does not meet the conditions set forth in Government Code Section 406.004.

Read the bill text.

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