Bill

HB 2235

84(R) - 2015
House Licensing & Administrative Procedures
House Licensing & Administrative Procedures
Notaries

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

Rodney Anderson

Bill Caption

Relating to the eligibility requirements of a notary public.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 2235 would require the Secretary of State to reject an application to be a notary or revoke a commissioned notary public if he or she discovers at any time that a commissioned notary public or a person applying to be a notary public is not eligible.

It is the current practice of the Secretary of State (SOS) to deny an application or to revoke the commission of a notary public if it is discovered that the applicant or commissioned notary public has been finally convicted of a crime of moral turpitude. It is the position of the SOS that, despite statutory language that may be interpreted otherwise, there is no discretion in this matter. The Office of the Attorney General has issued a concurring opinion. 

HB 2235 clarifies a grey area of law and codifies current practices. 

Vote Recommendation Notes

Because this is primarily a procedural or administrative bill with no discernible connection to our liberty principles, we remain neutral on HB 2235.

The second chamber sponsor is Senator Birdwell.