BILL ANALYSIS



H.B. 819
By: Thompson
4-26-95
Committee Report (Amended)


BACKGROUND

Current law makes no provision for persons who are physically
unable to sign or make a mark on a document to acknowledge that
document.


PURPOSE

HB 819 would allow a notary to sign the name of individual who is
physically unable to sign or make a mark on a document presented
for notarization if directed to do so by that individual.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1 Amends Subchapter A, Chapter 406, Government, by adding
Section 406.0165 as follows:
     Sec. 406.0165. Signing Document For Individual With
Disability. (a) Provides that a notary may sign the name of an
individual who is physically unable to sign or make a mark on a
document presented for notarization if directed to do so by that
individual.
     (b) Provides that a notary who signs under this section shall
write, beneath the signature, the following or a substantially
similar sentence: " Signature affixed by notary under Section
406.0165, Government Code.


SECTION 2.  Emergency Clause.


EXPLANATION OF AMENDMENTS

Committee Amendment #1 to HB 819 amends page 1, line 15 to add,
that such a signature shall be effective as the signature of the
individual for all purposes.  Provides that a purchaser for value
may conclusively rely upon the signature of the notary as evidence
of the competence of and consent by the individual to the execution
of  the document.                                     

SUMMARY OF COMMITTEE ACTION

HB 819 was heard in a Public Hearing on April 26, 1995.  The Chair
laid out HB 819, and recognized the author, Rep. Thompson to
explain the bill.  Rep. Jones offered an amendment, and moved that
the full committee adopt Committee Amendment #1.  There was no
objection.  Rep. Kubiak moved that the full committee adopt HB 819
as amended, and that it be reported favorably to the full House
with the recommendation that it do pass and be printed, and placed
on the Local and Consent Calendar.  The motion prevailed by the
following vote:  AYES: 9, NAYS: 0, ABSENT: 0.