TX Senate Bill 2065 | NNA
Law

TX Senate Bill 2065

Notary Law Update: TX Senate Bill 2065

State: Texas

Summary:

Senate Bill 2065 makes translating certain immigration titles in a foreign language a false, misleading and deceptive trade practice and clarifies that Notaries who perform typing and translating services for compensation on immigration documents do not violate certain provisions related to advertising.

Signed:  June 15, 2017

Effective:  September 01, 2017

Chapter: TBD

Affects:

Amends Section 17.46 of the Business and Commerce Code and Section 406.017 of the Government Code.

Changes:
  1. Adds to the list the titles "immigration consultant" and "immigration expert" that when translated into a foreign language, constitute a false, misleading or deceptive act or practice.
  2. Clarifies that a Notary does not violate the prohibitions of Government Code Section 406.017 related to providing immigration services and advertising for such services if the Notary offers or provides language translation and typing services and accepts compensation.
Analysis:

Senate Bill 2065 makes translating the titles "immigration consultant" and "immigration expert" into a foreign language a false, misleading or deceptive act or practice. It also clarifies that a Notary does not violate Government Code Section 406.017 by providing language translation and typing services. This section of the Government Code states that a Notary commits an offense if the Notary (a) states or implies that the person is an attorney licensed to practice law in Texas; (b) solicits or accepts compensation to prepare documents for or otherwise represent the interest of another in a judicial or administrative proceeding, including a proceeding relating to immigration or admission to the United States, United States citizenship, or related matters; (c) solicits or accepts compensation to obtain relief of any kind on behalf of another from any officer, agency, or employee of this state or the United States; (d) uses the phrase "notario" or "notario publico" to advertise the services of a Notary, whether by signs, pamphlets, stationery, or other written communication or by radio or television; or (e) advertises the services of a Notary in a language other than English, whether by signs, pamphlets, stationery, or other written communication or by radio or television, if the person does not post or otherwise include with the advertisement a notice that complies with Subsection (b).

Read the bill text.

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