TX Senate Bill 2073

Legislation

State: Texas
Signed: June 19, 2009

Effective: September 01, 2009
Chapter: 569

Summary

Senate Bill 2073 makes a technical clarification of judicial actions which may not be used to reject an application for a Notary commission or to suspend or revoke the commission of a Notary.

Affects

Amends Section 602.002 of the Texas Government Code.

Changes

Clarifies that a dismissal of a proceeding, discharge before an adjudication of guilt or a finding of guilt that has been set aside may not be considered a conviction for the purposes of qualifying an applicant for a Notary commission or as good cause for rejecting an application for a commission or suspending or revoking the commission of a Notary.

Analysis

Section 406.009(e) of the Government Code relates to what qualifies as a conviction for the purpose of determining eligibility to become a Notary. This section has been found to be difficult to interpret in practice, and since the implementation of the language of the section, the Penal Code has been amended to use new text to describe some of the language found in Section 406.009(e). This has caused problems for the Secretary of State’s office in attempting to reconcile the language of court documents, which use Penal Code terminology, with the requirements of Section 406.009(e) in determining eligibility to become a Notary.

Read Senate Bill 2073.