TX House Bill 652 | NNA
Law

TX House Bill 652

Notary Law Update: TX House Bill 652

State: Texas

Summary:

HB 652 permits escrow agents who are residents of a state adjacent to Texas and who are attorneys or employees of an attorney licensed as an escrow officer, a title insurance agent or direct operation with an office in Texas to become Notaries Public.

Signed:  May 26, 2009

Effective:  September 01, 2009

Chapter: 155

Affects:
  1. Permits escrow agents who are residents of a state adjacent to Texas and who are attorneys or employees of an attorney licensed as an escrow officer, a title insurance agent or direct operation with an office in Texas may qualify as Notaries Public without meeting the Texas residency requirements.
Changes:

Previous law required title insurance escrow officers who are licensed by the Texas Department of Insurance to be Texas residents, ensuring that licensees did not operate from out-of-state locations.  An individual wishing to work as an escrow officer in Texas was required to maintain a second legal residence in order to comply with Texas law. Furthermore, the law prohibited such escrow agents from holding a Texas Notary commission since an applicant must be a resident of Texas to become a Notary (Government Code Section 406.004). Additionally, the Government Code states that if a Notary removes him- or herself from the state, the commission is vacated (Government Code Section 406.020). House Bill 652 sets aside these provisions for licensed escrow agents who reside in a state adjacent to Texas (Arkansas, Louisiana, New Mexico and Oklahoma) and who are either attorneys or bona fide employees of an attorney licensed as an escrow officer, a title insurance agent or direct operation with an office in Texas, and permits them to be commissioned as Texas Notaries. Escrow agents must meet all other applicable requirements for a regular Notary commission.

Read the bill text.

 

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