Friday, January 27, 2017

Remote Notarization Bill Proposed for Texas--Notaries, let's use this to our advantage.



Texans:

An electronic and remote notarization bill has been filed. Click here to read it...BUT FIRST:

 Let's think about this.

 Let's think before we act.

Talk with your peers.

Join the  Texas Notary Facebook Group.

(ONLY Texas notaries are allowed to join. Email TexasNPW@gmail.com with your commissioned notary name if it is different from your Facebook name.)

Read what I say below and put comments on Google+ or email me at TexasNPW@gmail.com


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Can we use this bill to our advantage?


We can't fight it forever...do we even want to?

Because FannieMae and FreddieMac are not opposing it, remote and electronic notarization will happen in the lending industry. 

Here's what is going on in my head:

We can either be ready, or let Virginia notaries become the U.S.A.'s notary signing agent service providers.

It's going to be a few years before lenders are 100% ready, in my opinion, based on what I have read.

But, lenders know it's coming.

One way or another stricter e-notarization will happen in Texas.  So is remote notarization.

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What would happen if we didn't oppose the bill and rather supported it as long as we got a long overdue raise in the process to help us NOW?  We haven't had a raise in over 20 years. 

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What next?  You can bet that scary emails are coming.


The notary suppliers don't want to see a drop in supply sales.

Watch your email inbox.

You're likely to get an email that will be an attempt to scare you into taking action against the bill.

They will say it is for your own good.

The truth is that they can't allow their ink, stamp, and journal sales to go down.

Opposing this bill is about their SALES.  It's not about us.


I would propose that rather than help supply sellers fight the bill  and help them keep sales of ink, stamps, and journals flowing, that notaries consider supporting the bill but leverage a much needed increase in traditional paper notary fees.

I said CONSIDER supporting it.  Let's think about it before we act.

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Don't be afraid -- be SMART.


If you are reading this, don't be frightened, be smart.  Use this to your advantage.

My thinking is that we either act now, or lose the opportunity.

My email list isn't vast enough to reach  more than about 1,000 Texas notaries -- supply sellers have hundreds of thousands of notaries in their email lists.

So, this is a long shot.

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Connect with me and other Texas notaries on Facebook. 


Brenda Stone
TexasNotaryProfessionals.org -- free listings for Texas notaries

Please join the email list.

Sign up for regular updates.

You can unsubscribe ANY TIME.  Just click here




Tuesday, January 24, 2017

Four More States Propose Laws to Advance Remote Notarization (Using Webcams / Smart Phone Technology)

To the list of Montana and Virginia, states in which notaries may use webcams to perform notarial acts, add proposed bills that are favorable to remote notarization from the four states below:

Oklahoma HB 1366
Authorizes a notary public to perform an electronic notarial act by means of audio-video communication.

Washington SB 5081 (Introduced 1/12/17)
Allows the Department of Licensing to adopt rules as to what constitutes personal appearance before a Notary.

Nebraska LB 388 (Introduced 1/13/17)
Authorizes remote notarizations through video and audio conference technology.

Indiana SB 539 (Introduced 1/17/17)
Authorizes remote notarizations through audio visual communication technology.

Source:  NASS.org

Saturday, January 14, 2017

Do you say "Disabled Client"? Please don't.

It's better not to say "disabled people."

Just say "people."

Or "persons with disabilities."

For one person, IF it is necessary to refer to his or her disability say "a person with a disability."

"Special needs client" is one of the worst ways to describe your client.

Say "client with a disability" or "client who needed additional assistance."

Ask yourself before writing a Facebook post:
Is it even important to say "disability"? Maybe the word you are looking for it "CLIENT." Period.
(For more on this: http://bit.ly/2jlleJV )

Even if your laws contain those antiquated phrases, as long as you aren't quoting the law, please consider using modern syntax.

Is it always necessary to identify a person by his or her age, skin color, political leanings or disabilities? No!

Out with that old school stuff. We aren't our grandparents.

Write like it's 2017. Write like YOU want to be, think, and act. Write like the person you aspire to be. It will change your life!

Sunday, January 1, 2017

Texas Notary Professional’s Resource List ( Updated on 1/1/17)

This is a more detailed version of the Texas resource list page and will eventually replace it. I am currently working on a version that will explain what notary question each set of laws under a red heading will answer.



Happy New Year! Brenda || Notary News Blog 
Find Your Notary Super Powers!
Read your Notary Laws
(Created by Pamela Montez)

 

Texas Secretary of State

Contact
Phone: 512-463-5705

Education and Training for Notaries


Online Services


Resources


Notary Complaints



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In this section, the red headings will take you to the actual laws. 

Texas Constitution Article 4 Section 2

Relates to the appointment of notaries.

Texas Constitution Article 16 Section 50

Relates to home equity loans.  

Texas Administrative Code Chapter 87

SUBCHAPTER A - NOTARY PUBLIC QUALIFICATIONS
RULE §87.1     Application for a Commission as a Notary Public
RULE §87.2     Eligibility to Hold the Office of Notary Public
RULE §87.3     Issuance of the Notary Public Commission by the Secretary of State
RULE §87.4     Notary Seal
RULE §87.5     Qualification by an Officer or Employee of a State Agency Who Does Not Furnish a Notary Public Bond
RULE §87.6     Change in Employment Status by an Officer or Employee of a State Agency Who Has Qualified Without a Surety Bond
RULE §87.7     Renewal of Commission

SUBCHAPTER B - REJECTION AND REVOCATION
RULE §87.10    Rejection of Application and Revocation of Commission
RULE §87.11    Good Cause

SUBCHAPTER C - ADMINISTRATIVE ACTION
RULE §87.20    Qualification Under New Name
RULE §87.21    Rejection of Change of Name
RULE §87.22    Issuance of Amended Commission
RULE §87.23    Submitting a Complaint
RULE §87.24    Complaint Procedures
RULE §87.25    Disciplinary Action
RULE §87.26    Time for Action

SUBCHAPTER D– REFUSAL TO PERFORM NOTARIAL SERVICES
RULE §87.30    Refusal of Requests for Notarial Services

SUBCHAPTER E – NOTARY RECORDS
RULE §87.40    Prohibition Against Recording Personal Information
RULE §87.41    Form of Record Book
RULE §87.42    Public Information
RULE §87.43    Failure to Provide Public Information
RULE §87.44    Records Retention

SUBCHAPTER F         CHANGE IN ADDRESS
RULE §87.50    Change of Address

SUBCHAPTER G         ELECTRONIC SUBMISSIONS OF NOTARY APPLICATIONS AND BONDS
RULE §87.60    Electronic Submission
RULE §87.61    Records Retention for Electronic Submissions
RULE §87.62    Applications on Behalf of an Applicant with a Criminal Conviction

Texas Business and Commerce Code Chapter 503

CHAPTER 503.  BIOMETRIC IDENTIFIERS
Sec. 503.001.  CAPTURE OR USE OF BIOMETRIC IDENTIFIER.

Texas Business and Commerce Code Section 322

CHAPTER 322.  UNIFORM ELECTRONIC TRANSACTIONS ACT
Sec. 322.001.  SHORT TITLE.
Sec. 322.002.  DEFINITIONS.
Sec. 322.005.  USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES; VARIATION BY AGREEMENT.
Sec. 322.007.  LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS.
Sec. 322.008.  PROVISION OF INFORMATION IN WRITING; PRESENTATION OF RECORDS.
Sec. 322.009.  ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC SIGNATURE.
Sec. 322.010.  EFFECT OF CHANGE OR ERROR.
Sec. 322.011.  NOTARIZATION AND ACKNOWLEDGMENT.
Sec. 322.012.  RETENTION OF ELECTRONIC RECORDS; ORIGINALS.
Sec. 322.013.  ADMISSIBILITY IN EVIDENCE.
Sec. 322.014.  AUTOMATED TRANSACTION.
Sec. 322.015.  TIME AND PLACE OF SENDING AND RECEIPT.
Sec. 322.016.  TRANSFERABLE RECORDS.
Sec. 322.017.  ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES.
Sec. 322.018.  INTEROPERABILITY.
Sec. 322.019.  EXEMPTION TO PREEMPTION BY FEDERAL ELECTRONIC SIGNATURES ACT.
Sec. 322.020.  APPLICABILITY OF PENAL CODE.
Sec. 322.021.  CERTAIN REQUIREMENTS CONSIDERED TO BE RECOMMENDATIONS.

Texas Civil Practice and Remedies Code Chapter 16 Section 16.033

Sec. 16.033.  TECHNICAL DEFECTS IN INSTRUMENT.

Texas Civil Practice and Remedies Code Chapter 18

Sec. 18.002.  FORM OF AFFIDAVIT.

Texas Civil Practice and Remedies Code Chapter 121

Sec. 121.001.  OFFICERS WHO MAY TAKE ACKNOWLEDGMENTS OR PROOFS.
Sec. 121.002.  CORPORATE ACKNOWLEDGMENTS.
Sec. 121.003.  AUTHORITY OF OFFICERS.
Sec. 121.004.  METHOD OF ACKNOWLEDGMENT.
Sec. 121.005.  PROOF OF IDENTITY OF ACKNOWLEDGING PERSON.
Sec. 121.006.  ALTERATION OF AUTHORIZED FORMS; DEFINITION.
Sec. 121.007.  FORM FOR ORDINARY CERTIFICATE OF ACKNOWLEDGMENT.
Sec. 121.008.  SHORT FORMS FOR CERTIFICATES OF ACKNOWLEDGMENT.
Sec. 121.009.  PROOF OF ACKNOWLEDGMENT BY WITNESS.
Sec. 121.010.  FORM OF CERTIFICATE FOR PROOF BY WITNESS.
Sec. 121.011.  PROOF OF ACKNOWLEDGMENT BY HANDWRITING.
Sec. 121.012.  RECORD OF ACKNOWLEDGMENT.
Sec. 121.013.  SUBPOENA OF WITNESS; ATTACHMENT.
Sec. 121.014.  ACTION FOR DAMAGES.
Sec. 121.015.  PRIVATE SEAL OR SCROLL NOT REQUIRED.

Texas Finance Code Chapter 59

CHAPTER 59. MISCELLANEOUS PROVISIONS
Sec. 59.003. AUTHORITY OF NOTARY PUBLIC.
Sec. 59.107.  NONEMERGENCY OPENING AND RELOCATION.
Sec. 59.108.  EMERGENCY OPENING AND RELOCATION.
Sec. 59.109.  DELINQUENT RENTAL; LIEN;  SALE OF CONTENTS.

Texas Government Code Chapter 406

Sec. 406.001.  APPOINTMENTS.
Sec. 406.002.  TERM.
Sec. 406.003.  JURISDICTION.
Sec. 406.004.  ELIGIBILITY.
Sec. 406.005.  APPOINTMENT PROCEDURE--STATEMENT.
Sec. 406.006.  QUALIFICATION.
Sec. 406.008.  COMMISSION; NOTARY MATERIALS.
Sec. 406.009.  REJECTION OF APPOINTMENT; SUSPENSION OR REVOCATION OF COMMISSION.
Sec. 406.010.  BOND;  OATH.
Sec. 406.011.  REAPPOINTMENT.
Sec. 406.012.  INSPECTION OF RECORDS.
Sec. 406.013.  SEAL.
Sec. 406.014.  NOTARY RECORDS.
Sec. 406.015.  COPIES CERTIFIED BY COUNTY CLERK.
Sec. 406.016.  AUTHORITY.
Sec. 406.0165.  SIGNING DOCUMENT FOR INDIVIDUAL WITH DISABILITY.
Sec. 406.017.  REPRESENTATION AS ATTORNEY.
Sec. 406.018.  REMOVAL FROM OFFICE.
Sec. 406.019.  CHANGE OF ADDRESS.
Sec. 406.020.  REMOVAL FROM STATE.
Sec. 406.021.  REMOVAL FROM PRECINCT.
Sec. 406.022.  EFFECT OF VACANCY.
Sec. 406.023.  ADMINISTRATION AND ENFORCEMENT.
Sec. 406.024.  FEES CHARGED BY NOTARY PUBLIC.
Sec. 406.025.  SIGNATURE ON COMMISSIONS AFTER CHANGE IN OFFICE.
Sec. 406.026.  ELECTRONIC NOTARIZATION.

Texas Government Code Chapter 552

Sec. 552.002.  DEFINITION OF PUBLIC INFORMATION; MEDIA CONTAINING PUBLIC INFORMATION.
Sec. 552.003.  DEFINITIONS.
Sec. 552.0036.  CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO LAW.
Sec. 552.004.  PRESERVATION OF INFORMATION.
Sec. 552.006.  EFFECT OF CHAPTER ON WITHHOLDING PUBLIC INFORMATION.
Sec. 552.007.  VOLUNTARY DISCLOSURE OF CERTAIN INFORMATION WHEN DISCLOSURE NOT REQUIRED.
Sec. 552.138.  EXCEPTION: CONFIDENTIALITY OF FAMILY VIOLENCE SHELTER CENTER, VICTIMS OF TRAFFICKING SHELTER CENTER, AND SEXUAL ASSAULT PROGRAM INFORMATION.
Sec. 552.203.  GENERAL DUTIES OF OFFICER FOR PUBLIC INFORMATION.
Sec. 552.222.  PERMISSIBLE INQUIRY BY GOVERNMENTAL BODY TO REQUESTOR.
Sec. 552.223.  UNIFORM TREATMENT OF REQUESTS FOR INFORMATION.
Sec. 552.224.  COMFORT AND FACILITY.
Sec. 552.225.  TIME FOR EXAMINATION.
Sec. 552.226.  REMOVAL OF ORIGINAL RECORD.
Sec. 552.228.  PROVIDING SUITABLE COPY OF PUBLIC INFORMATION WITHIN REASONABLE TIME.
Sec. 552.229.  CONSENT TO RELEASE INFORMATION UNDER SPECIAL RIGHT OF ACCESS.
Sec. 552.230.  RULES OF PROCEDURE FOR INSPECTION AND COPYING OF PUBLIC INFORMATION.
Sec. 552.232.  RESPONDING TO REPETITIOUS OR REDUNDANT REQUESTS.
Sec. 552.261.  CHARGE FOR PROVIDING COPIES OF PUBLIC INFORMATION.
Sec. 552.2615.  REQUIRED ITEMIZED ESTIMATE OF CHARGES.
Sec. 552.264.  COPY OF PUBLIC INFORMATION REQUESTED BY MEMBER OF LEGISLATURE.
Sec. 552.271.  INSPECTION OF PUBLIC INFORMATION IN PAPER RECORD IF COPY NOT REQUESTED.
Sec. 552.272.  INSPECTION OF ELECTRONIC RECORD IF COPY NOT REQUESTED.
Sec. 552.308.  TIMELINESS OF ACTION BY UNITED STATES MAIL, INTERAGENCY MAIL, OR COMMON OR CONTRACT CARRIER.
Sec. 552.309.  TIMELINESS OF ACTION BY ELECTRONIC SUBMISSION
Sec. 552.351.  DESTRUCTION, REMOVAL, OR ALTERATION OF PUBLIC INFORMATION.
Sec. 552.352.  DISTRIBUTION OR MISUSE OF CONFIDENTIAL INFORMATION.
Sec. 552.353.  FAILURE OR REFUSAL OF OFFICER FOR PUBLIC INFORMATION TO PROVIDE ACCESS TO OR COPYING OF PUBLIC INFORMATION.

Texas Government Code Chapter 602

Sec. 602.001.  DEFINITION.
Sec. 602.002.  OATH MADE IN TEXAS.
Sec. 602.003.  OATH MADE OUTSIDE TEXAS BUT INSIDE UNITED STATES.
Sec. 602.004.  OATH MADE OUTSIDE UNITED STATES.
Sec. 602.005.  OATH MADE BY MEMBER OF ARMED FORCES OR BY MEMBER'S SPOUSE.
Sec. 602.006.  OATH OF OFFICE.

Texas Government Code Chapter 603

Sec. 603.001.  DEFINITION.
Sec. 603.002.  COPIES OF DOCUMENTS AVAILABLE TO PUBLIC.
Sec. 603.004.  FEES FOR CERTIFICATES OR COPIES OF DOCUMENTS.
Sec. 603.005.  FEE FOR ACKNOWLEDGMENT.
Sec. 603.006.  FEE BOOK.
Sec. 603.007.  BILL FOR FEES.
Sec. 603.008.  POSTING OF FEES REQUIRED.
Sec. 603.010.  OVERCHARGING OF FEES; PENALTY.

Texas Penal Code Chapter 1

Sec. 1.03.  EFFECT OF CODE.
Sec. 1.07.  DEFINITIONS.

Texas Penal Code Chapter 36

Sec. 36.01.  DEFINITIONS.
Sec. 36.02.  BRIBERY.
Sec. 36.03.  COERCION OF PUBLIC SERVANT OR VOTER.
Sec. 36.04.  IMPROPER INFLUENCE.
Sec. 36.05.  TAMPERING WITH WITNESS.
Sec. 36.06.  OBSTRUCTION OR RETALIATION.
Sec. 36.07.  ACCEPTANCE OF HONORARIUM.
Sec. 36.08.  GIFT TO PUBLIC SERVANT BY PERSON SUBJECT TO HIS JURISDICTION.
Sec. 36.09.  OFFERING GIFT TO PUBLIC SERVANT.
Sec. 36.10.  NON-APPLICABLE.

Texas Penal Code Chapter 37


Sec. 37.09.  TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE.
Sec. 37.10.  TAMPERING WITH GOVERNMENTAL RECORD.
Sec. 37.101.  FRAUDULENT FILING OF FINANCING STATEMENT.
Sec. 37.11.  IMPERSONATING PUBLIC SERVANT.
Sec. 37.12.  FALSE IDENTIFICATION AS PEACE OFFICER;  MISREPRESENTATION OF PROPERTY.

Texas Penal Code Chapter 39

Sec. 39.01.  DEFINITIONS.
Sec. 39.02.  ABUSE OF OFFICIAL CAPACITY.
Sec. 39.03.  OFFICIAL OPPRESSION.

Sec. 39.06.  MISUSE OF OFFICIAL INFORMATION.

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