*1 :7 OFFICE OFTHEAT?'ORNEY~GENERALOFTEXA$~ . . _' . . AUSTIN ,: .

4-o.MUWN ~noauT-

. ..Ronoreble Will IA~~J RIchardson

Asslstont Seoretarp: or state

Austin, Texan.

I’ se lcake avail- er ArElO1.e 5949 of the Rev ended dealing ntin,g notaries 'at this . . ersona .to wrlta tom ntnent.c. Xs then noti- not feal that It would be tog the best interest of the public lf we did. give out eueh ti list ~8 It wuld be aontuainp; to s great many pop-. sons who would amme that any person so named was already e aotary public.

gonorable Vi’ill l%nn Riohardaon, Page 2

The eOrpOratlOn steten speoifiically that the only reason they wish this informtim 10 in order that it rap write to those pereons. slid try to obteln the business of furnishing 6 notary bond. VCe 60 not feel that that I.8 sufticlefit reason for giving out thlo lnfomatlon or allowlnt: the aur- poretion aaeess to our reaorda to compile such e llat. @We would sppreolate an opinion from your Co- partnent as to &ether our reeords should be open to the bonding eoslgmiy before ths notary quelffi- oation has been kompleted.w Article 5949, Vernonva Annotated Civil Stetutes, reads:

"The Foaretary ot State of the Etete of Texes shell appoint a ooryenient number of notarios pub- lie for egoh cour.ty. Uotaries publlo zey be ep- pointed at any ~tlm, but the terns of .ell notaries pub110 shall end on June 1st of eaoh odd numbered To be elle;ible. for appolntroent a8 notary g%o 6 pereon.shell be at least t\;-enty-one (21) years of age and a resident of the county for whloh he 1s ap op;ea. ‘(+I emelided Acts 1939, 66th Leg.,. ii PO 498, . ” . .

Nothing la found iu. Title 99 whloh the above Article la a pert tilch ne&r;s, a list of notaries pabllo ap- polnteea a pub110 record. ~~iiragrsph $i of drtiale 4331, Ver- non’s Annotated Civil Ftetutcs, makes it the duty of the Cemetery of Sate to “keep in a separate suitable book a aomplete reglater of all the oifioers eppolnted or elected~ in this Ftete, and oomisslon then when not otherwise pro- vided by law.” A notary public has been held to be e publlo.

officer. 20 R. c. L. 226. Eenoe we believe it to be the duty of the Fearetary.of State to prepare and keep a l.ist of all notaries publlo. One I.8 not a notary publia nor a.

public oftioer, ho’riever, until he heo, pursuant to his ap- pointazent, taken his oath, ereouted bond ezd been granted his c~lasion end the Seoretery of State viould -not be re- quired to prepare his list until the oomplotlon of the pm-~ 088s of quallfioation.

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Ronorable Nil K&n Richardson, Rage 3 i