Untitled Texas Attorney General Opinion

C 0 P Y Honorable Xrnest Oulnn County Attorney Zl Paso County El Ps&o,,Texaa Dear air: Opinion No. O-3510 R0: Hill it be possible for the qualifying oaths cU newly appointed notaries publlo to be taken prior to June lst? Your recent reoeipt for an opinion of this Department on the above stated question has been mceived. We quote from your letter as iollowst "Ceratin agents of insurance oompnies here interested in writing bonds for the newly appointed Notary Publlos have asked me whether or not it will be possible for them as notaries to take the qunl- itying oaths of said newly appointed Notaries prior to June 1, whioh is the date their appointments expire, in order to have all of the papers ready for Siling the first thing June 1. It is the desire of thear agents to do this sinoa some OP them have 100 or more bonds to exeoute and everyone of course la anxious to be qualified as soon es possible after the expifltionof their other appointment. "I oan see no objeatlon to this procedure since under the lew, Artiole 5951, it only requires an appesranoe berore the County Clerk within ten days after his appointment and it would seem to me that the oath aoialdbe taken at any time after the appointment has been made and irrospeotlve of whether or not the previous appointmenthas expired.: Honorable Ernest Cuijln,pago 2 '1 am addressing this communloation to you oinoe It is very imwrtant that the notaries Qualify properly in order that their acts may not be invalid. I would apprcoiate a reply from you just as soon a8 possible and before May 31 if at all posaible.a Article 5949, Vernon's AMotated Clvll Statutes, provides: "The Secretary ot State of the State of Texas shall appoint a convenient number of ootarier publia ,rar each oounty, Notaries pub110 may be appointed at any time, but the terms of all notaries public shall end on June let of each odd numbered year. To be eli?ible for appointment aa notary publio, a person shall be at least twenty-one (21) years of age and a resident of the county for which he is appolntcd." Under the provisions -f Article 5951, Vernon's Annotated Civil Statutes, when a person has been appointed notary the Secretary of State is required to forward the oo.znnisaionto the clerk of the oounty where the notary resides, end in the absence of evldenoe to the contrary, it will be presumed t&t this duty has been performed. As a rule, the notary muit qualify within ten daya after he has been notified to appear before the county clerk; and if he fails in this the appointment becomes a nullity, (Faubion v, State, 2E2 3. WY.597), in whlah oase the clerk must c~rtifp on back of the commission that the appointee has failed to q:ialliy,:indreturn it to the Secretary of State - (Article 5Q52, Vernon's Annotated Civil Statutes). Notaries are required to take and subscribe the official oath, and to execute bond payable to the Covernor, conditioned for the faithful performance of the duties of the office, The bond (for $1,000) must be approved by, and reoorded and deposited in the oftice of the ci;untyclerk - (Article 5953, Vernon's Annotated Civil Statutes). In view of the foregoing statutes, it is the opinion of this Department that after the Secretary of 3t;itehas forwarded the commission to the oounty clerk of the oounty where the party resides, it is the duty OS said clerk to immediately notify the party to appear before him within ten dapr, pay for his oommis- alon and qualify according to law. It is our further opinion that the person appointed notary public can qualify as a notary public after the Secretary of Stcte has lorwarded the commission to the co::ntyclerk before June 1st by taking the oath and Honorable Ernest OU~M, page 3 giving bond as required by the above mentioned atatute. It will be noted that under Artiole 5949, supra, that notaries pub110 may be appointed at any time. However, Article 6951, supra, sets forth the manner in which suoh notaries shall qualify. Notaries who are now serving as such and xho have been reappointed may qualify before June 1st as above stated. How- ever, suoh notaries do not assume their duties under the new appointment as such until June lst, althcugh they have ,-uallfied as above stated. Tru&dng that the foregoing full::answers your inquiry, we era Yours very truly ATTOR?uu GEhL3RA.L OF TRXAS ‘BY S/ Ardell 7?111iams Assistant AEROVED L;zY 28, 1941 S/ Grover Sellers FIRST ASSISTANT ATTORNEY GRNERAL APPROVED-Opinion Committee ByBWB - Chairman