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Committee considers criminal penalty, training for notaries to deter deed fraud
Summary
Sen. West told the Senate Committee on Criminal Justice that the committee substitute for Senate Bill 693 would create a criminal offense for notaries who notarize documents when the signer did not personally appear, raise penalties when deeds are involved, and require continuing education administered by the Secretary of State.
Sen. West introduced a committee substitute for Senate Bill 693 to create a criminal offense for a notary public who performs notarizations when the signer did not personally appear.
Under the substitute, a notary who knowingly notarizes a document for a signer who did not personally appear would commit an offense: a Class A misdemeanor in general and a state‑jail felony if the notarized document involves transfer of real property. The substitute also creates an affirmative defense for notaries who are themselves deceived by a person who appears in person and presents apparently valid identification. The bill would require initial training for new notaries and a continuing‑education requirement before reappointment; renewals could require no more than two hours of continuing training. The Secretary of State would prepare and promulgate the training.
Philip Clark, Assistant Criminal District Attorney, Dallas County, testified in support and described hundreds of real‑property theft cases in which notarial practices enabled fraud and title theft. Clark said notaries’ failure to maintain logbooks or to adhere to contemporaneous appearance requirements hampers investigations.
The committee considered invited testimony and took no public testimony; with no quorum present the committee left the bill pending.
