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.