OFFICE OF THE ATTORNEY GENERAL OF. ?EiAS _:
AUSTIN ,’ ;. ., _”
OIOYII SIL‘Im* 1 :
rr?-ovt”rrcc;r”rr i
&nornble John DrMson " i '/. .." ': :
County dtorney, S&n Patriofb County
sinton, Texas. ' .' ., '.
Dear Sir: ,'~
,
:
RI am o&&r A
3rtiole 5949 tt statutes Of
Texas, as a,? nd la pp~e+kte an opin-. +~ ,~ . .
ion from yof r b&i
lov~s"2' viaa corn- ., "
hortiy'after the "
tern of suoh appoint-
~A* duly qualified"' ..'
since such tiae.
who WRS then
to use her ~. >'
CLvil Statutes of Texas, 3s amended, I an somewhat
at a lost as to how to advise her. I w0uia be in- .,~
q?Lired to aUvise her it would be prsper to continue
the use of her i&den nn.me in toking acknowledgements
vzcre it not for an early Texns Supreme Court ruling
thnt the 13w bestows 3 husband's name upon 3 wiUe,
and she should be sued, 3rd prooese against hart
should run in her husband's namB. Furthermore, she
does not desire to use her aeiden ndme."
1'75
:
Honorable John D~WEKUA,~
page 2
After carefully reviewing, the stat&a and various
‘. decisions of the appellate oourts of this $tate, we have failed
‘ti, find any statute .or deolslon by the appellate oourta touoh-
ing upon the question under oonslderation.
The identical question presented in your inquiry has
been before this department on various occasions, ana in an
+ment
opinion oi this dc?a- ti-#- written February 23, 1937, Book 375,
Page 316, Letter Opinions of this department, it was held that
when a single wonan was appointed and qualified as a notary pub?
UC, and later nmrled, she should oontinue to use her maiden
IUWJ and not her marriet! name, when aoting’as a notary public.
1% ‘another dplnicm, this department held that when a
single woiam .was appotited and qualified as a notary publio,
and later xcarried, she should use her maiden name and add the
surname of her husband when acting ,a8 a notary publlo. ‘(Letter
Opinions of the Attorney General’s Dopartnent, Book 367, Page 970)
k rspmsentative ‘of the ,8eoretarp of.‘State has in-
rormsd us that it htie baen tiic polioy or said office to permit
a sin&e m-man who wa6’appointed and qualified as a notary pub-
lic, won her axirria~e ,’ to continue’ to act-as a. notary public ,~
under her miden name. It is also t33 polloy of the Secretary
or 5tete to permit .a sin&e woman who has Keen appointed and quail-
ried as a notary public, upon her marrlace, to qualify under her
married nam, and a new commission Is issued accordingly. The
beoretary of State oharges no fee for the new oomission.
St IS’ our opitilon that ~whena single vro~a who has
been appointed and qualified as a notary publio, and iater marries,
can qualify and act as a notary publio under her married name by
followtig the procedure prescribed by the Seoretarg of State. It
is our further opinion:that as a’ioatter of preoaution sb8 should
so qualify aster her mrriage.
Forms of certificates ozm be secured from the Seoretary
Oi State for the pUrp0k~ Or QWuiyiAg undor her married naae,
Yours very truly,
ATTOiW3YG>NXRALOF TZZAS
By,WdA
.. .‘Arde$l Williams
: