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Legal Reality Newsletter 19 September A. D. 2011


19 September A.D. 2011

Texas numbers its AG Opinions with the initials of the AG at the time of the opinion.  So, “GA” does not mean the county in “this state” called STATE OF GEORGIA.  It means “Greg Abbott.”

If a notary were a “state officer,” then there might have to be some accommodation in the retirement plans, and in the way “taxes” are handled, and in the way issues of liability for STATE are addressed, whether it’s a phony “mortgage” document or a car wreck.  If a notary is not a “state officer,” one has to wonder from whence comes the authority to perform that job.

There’s a very good and popular Broadway show called “Best Little Whorehouse in Texas,” which is also a movie, and one of the musical numbers is called “The [Governor’s] Sidestep.”  Here, we see the adaptation of that theme by the AG’s Office.

It’d be a great research project to find out how many other STATEs are also this confused about such a simple question.  Chances are good that a Notary is a “state officer,” or else the answer would have been clearly in the negative.  In this day and age of mortgage fraud, that’s an angle that no STATE is going to rush to advocate, advance, or market.

Harmon L. Taylor
Legal Reality
Dallas, Texas

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——– Original Message ——–

Subject:

Whether chapter 603, Texas Government Code, is applicable to notaries public

Date:

Wed, 14 Sep 2011 19:09:51 -0500

To:

legal_reality@earthlink.net

Good afternoon: We issued 1 Attorney General Opinion Opinion No. GA-0886 Go to: https://www.oag.state.tx.us/opinions/opinions/50abbott/op/2011/htm/ga-0886.htm Re: Whether chapter 603, Texas Government Code, is applicable to notaries public (RQ-0968-GA) https://www.oag.state.tx.us/opinions/opinions/50abbott/rq/2011/pdf/rq0968ga.pdf Summary: Some legal authorities suggest that a notary public is a state officer, and others suggest that a notary public is not a state officer. Accordingly, we cannot definitively determine whether a notary is a state officer. ****



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