Untitled Texas Attorney General Opinion ( 1975 )

October 9, 1975
The Honorable Richard W. Carter Opinion No. H- 713
Office of the County Attorney
Hunt County Re: Validity of oaths administered
Third Floor, Courthouse Building by notaries who are between the ages
Greenville, Texas 75401 of eighteen and twenty-one.
Dear Mr. Carter:
You ask whether oaths administered by notaries public eighteen years
of age or older but under the age,of tw~enty-one are valid if they were administered
between August 27, 1973 and June 19, 19751
Until recently the language of article 5949 provided that a notary public was
required to be at least twenty-one ~years of age. Se;;a5”;Ae*;t,* ;J;;; ,4-8ttih,;eg. r
ch. 309, p. 459 (codified as V. T.C.S. art. 5949).
5949 was amended to expressly provide that a person need be only eighteen years
of age to be appointed a notary public. Previously, however, on August 27, 1973,
article 5923b, V. T. C. S., had become effective. It provides in part:
Section 1. The purpose of this Act is to extend all
the rights, privileges, and obligations bf majority to
all persons who are at least 18 years of age. It shall
be construed liberally to accomplish that purpose.
Section 2. Notwithstanding any statutory & decisional
law, or any rule, regulation, or ordinance of this state or
of any political subdivision or incorporated city or town of
this state, a person who is at least 18 years of age has the
rights, privileges, and obligations of a person who is 21
years of age. A law, rule, regulation, or ordinance which
extends a right, privilege, or obligation to a person on the
basis of a minimum age of 21, 20, or 19 years shall be in-
terpreted as prescribing a minimum age of 18 years. . . ..
The issue is whether this statute effectively lowered the qualifying age for
notaries public from twenty-one to eighteen as of August 27, 1973. We have
previously said that the clear language of that article indicates that any law ex-
tending a right, privilege or obligation to a person on the basis of a minimum
p. 3066
The Honorable Richard W. Carter - page 2 (H-713)
age of twenty-one is to be interpreted as prescribing a minimum age of eighteen.
Attorney General Opinions H-687(1975); H-301(1974); H-82(1973). Accordingly,
it is our opinion that beginning August 27, 1973, a person who was efghteen years
of age could be appointed as a notary public and that any oaths he might administer
would not be subject to challenge on the basis of his age. And see Freeman v.
Port Arthur Rice and Irrigation Co., 188 S.W. 444 (Tex. civ. App. --Beaumont
1916, no writ) which indicated that an affidavit was not defective because the
notary before whom it was administered was under twenty-one years of age.
SUMMARY
Beginning August 27, 1973, persons who
were at least eighteen years of age were eligible
for appointment as a notary public.
ery truly yours,
F%
L. HILL
orney General of Texas
Opinion Committee
jad:
p. 3067