Untitled Texas Attorney General Opinion ( 1944 )

OFFICE OF THE ATTORNEY GENERAL OF. ?EiAS _: AUSTIN ,’ ;. ., _” OIOYII SIL‘Im* 1 : rr?-ovt”rrcc;r”rr i &nornble John DrMson " i '/. .." ': : County dtorney, S&n Patriofb County sinton, Texas. ' .' ., '. Dear Sir: ,'~ , : RI am o&&r A 3rtiole 5949 tt statutes Of Texas, as a,? nd la pp~e+kte an opin-. +~ ,~ . . ion from yof r b&i lov~s"2' viaa corn- ., " hortiy'after the " tern of suoh appoint- ~A* duly qualified"' ..' since such tiae. who WRS then to use her ~. >' CLvil Statutes of Texas, 3s amended, I an somewhat at a lost as to how to advise her. I w0uia be in- .,~ q?Lired to aUvise her it would be prsper to continue the use of her i&den nn.me in toking acknowledgements vzcre it not for an early Texns Supreme Court ruling thnt the 13w bestows 3 husband's name upon 3 wiUe, and she should be sued, 3rd prooese against hart should run in her husband's namB. Furthermore, she does not desire to use her aeiden ndme." 1'75 : Honorable John D~WEKUA,~ page 2 After carefully reviewing, the stat&a and various ‘. decisions of the appellate oourts of this $tate, we have failed ‘ti, find any statute .or deolslon by the appellate oourta touoh- ing upon the question under oonslderation. The identical question presented in your inquiry has been before this department on various occasions, ana in an +ment opinion oi this dc?a- ti-#- written February 23, 1937, Book 375, Page 316, Letter Opinions of this department, it was held that when a single wonan was appointed and qualified as a notary pub? UC, and later nmrled, she should oontinue to use her maiden IUWJ and not her marriet! name, when aoting’as a notary public. 1% ‘another dplnicm, this department held that when a single woiam .was appotited and qualified as a notary publio, and later xcarried, she should use her maiden name and add the surname of her husband when acting ,a8 a notary publlo. ‘(Letter Opinions of the Attorney General’s Dopartnent, Book 367, Page 970) k rspmsentative ‘of the ,8eoretarp of.‘State has in- rormsd us that it htie baen tiic polioy or said office to permit a sin&e m-man who wa6’appointed and qualified as a notary pub- lic, won her axirria~e ,’ to continue’ to act-as a. notary public ,~ under her miden name. It is also t33 polloy of the Secretary or 5tete to permit .a sin&e woman who has Keen appointed and quail- ried as a notary public, upon her marrlace, to qualify under her married nam, and a new commission Is issued accordingly. The beoretary of State oharges no fee for the new oomission. St IS’ our opitilon that ~whena single vro~a who has been appointed and qualified as a notary publio, and iater marries, can qualify and act as a notary publio under her married name by followtig the procedure prescribed by the Seoretarg of State. It is our further opinion:that as a’ioatter of preoaution sb8 should so qualify aster her mrriage. Forms of certificates ozm be secured from the Seoretary Oi State for the pUrp0k~ Or QWuiyiAg undor her married naae, Yours very truly, ATTOiW3YG>NXRALOF TZZAS By,WdA .. .‘Arde$l Williams :