OFFICE OFTHEAT?'ORNEY~GENERALOFTEXA$~ 

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. 

_' . AUSTIN 

,: . 

. 

4-o.MUWN 

~noauT- 

. ..Ronoreble Will IA~~J RIchardson 

Asslstont Seoretarp: or state 

Austin, Texan. 

. 

of the Rev 

se lcake availer ArElO1.e 5949 

ended dealing 

ntin,g notaries 'at this . 

ersona .to wrlta tom 

ntnent.c. Xs then notinot 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. 

I’ 

:7 
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 aurporetion aaeess to our reaorda to compile such e 

. llat. 

'. @We would sppreolate an opinion from your Copartnent as to ðer our reeords should be open 

to the bonding eoslgmiy before ths notary quelffioation has been kompleted.w . 

reads: 

Article 5949, Vernonva Annotated Civil Stetutes, 

"The Foaretary ot State of the Etete of Texes 

shell appoint a ooryenient number of notarios publie for egoh cour.ty. Uotaries publlo zey be eppointed 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 

ii 

op;ea. 

PO 498, . ” 

‘(+I emelided Acts 1939, 66th Leg.,. 

. . 

Nothing la found iu. Title 99 of whloh the above 

Article la a pert tilch ne&r;s, a list of notaries pabllo appolnteea a pub110 record. ~~iiragrsph $i of drtiale 4331, Vernon’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 provided 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 appointazent, taken his oath, ereouted bond ezd been granted 

his c~lasion end the Seoretery of State viould -not be required to prepare his list until the oomplotlon of the pm-~ 

088s of quallfioation. 

I 
Ronorable Nil K&n Richardson, Rage 3 i 

. 

After the oompletion of the tiotary’s quelirioation '. 

the Seoretary of State is required by Artiale 5950, Vernon’s 

Annotated Civil LPtatutes, to prepare and "furnish eaoh.oounty 

clerk e printed list of all notaries publio so appointed and 

qualified; th-t said olcrk shall preaoxve soid list for publio .- 

inspection and post a copy thercof on the oou.rthouss doorw. 

There ia no statute giving any person tha r&ht to 

reqoire you to furnish them a list OP the sppointaes nor none 

girin& members of the.publio the right of inspeotlon. A oareful ccnsideratlon of the authorities, hoqevcr, would lead us .' 

to the conclusion that the publio would have a right ot aomman law to require a list to be .fL-nlshed or to Mike reasonable inspeotion of such rooordo., Such line of oases could not 

here govern, however, bccouse you stat8 thet you havenot yet 

received your foe in many ~8900 and have ‘not issued oomtissions; 

that your reoorda nro not so arron@d as to anablcyou to furnish a list ol those who have been appointed but.not yet qualified. Such state of tar%?, being %su~, you could not be oom- '. 

pelled to furnish souething not yet available. ~, 

‘It. is our opinion that you ode not bo required to " 

rurnlsh'the information requastcd by applicant,nor to permit 

their cpm~s to exsnine and prepare lists'froa yolrinoompletcd 

files if, In tha exercise of your discretion, you should oonelude that suoh would interfere with the orderly exc~oution 

or your dutios. 

Sour6 yery truly 

Ai3?ORlCt? GI?lB?& OF TliXAS 

BY & - 

d 

‘. Lloyd Amstrong 

Assl etant 

LA:l?lp