BILL ANALYSIS



H.B. 1209
By: West, Buddy
04-27-95
Committee Report (Unamended)


BACKGROUND

At the present, sheriffs offices, police departments, state police,
and correctional agencies must obtain notary commissions for their
employees for the purposes of signing affidavits, complaints, and
probable causes.  These entities must expend funds to purchase
notary bonds and they must monitor constantly their personnel to be
certain that adequate numbers of notaries public are on hand and
available for these purposes.  Often officers are delayed in the
discharge of their duties by waiting for a notary to be found.

Current law (Texas Constitution, Article 4, Section 26 and the
Texas Government Code, Section 406.001) gives the Secretary of
State sole authority to appoint notary publics.

PURPOSE

This resolution, if adopted in the legislature and passed by the
citizens in an election would authorize the legislature to provide
that peace officers might serve as notaries public when engaged in
their official duties for matters arising in relation to those
duties.

This bill, if enacted and upon passage of the aforementioned
resolution, would designate peace officers as notaries public and
clarify the allowances and restrictions on the instances in which
they might act in that capacity.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Chapter 406 is amended by adding SUBCHAPTER C. only to
accommodate         the proposed addition.

           SUBCHAPTER C.
           Section 406.081 is added to establish in the subchapter
the standard        definition of a peace officer (Article 2.12,
Code of Criminal Procedure).

           Section 406.082 establishes applicability only to those
officers not currently        appointed as notaries public. 
Officers already serving as notaries public       retain the same
powers and duties as any other notary public.

           Section 406.083 restricts officers provided as notaries
under this subchapter         to act as a notary public only as
provided in this subchapter

           Section 406.084 defines the scope of office for notaries
public as provided       under this subchapter.

               Section 406.084(a)(1) and 406.084(a)(2) require that
a peace officer               notarize a document only if he is
engaged in his official duties and                if the document
is related to his duties.

               Section 406.084(b)(1) and 406.084(b)(2) prohibit
peace officers from                notarizing his own signature or
any document relating to a civil             proceeding.

               Section 406.084(c)(1) and 406.084(c)(2) restricts an
officer to               administering oaths only when he is
engaged in his official duties               and only as giving the
oath relates to his duties.

           Section 406.085 prohibits from acting as notaries public
under this          subchapter those officers having been indicted
for and convicted of wilful        neglect of duty or official
misconduct as a notary public.

SECTION 2. Establishes the effective date of the Act as January 1,
1996 only if a           constitutional amendment proposed by the
74th Regular Session, 1995,        allowing peace officer to serve
as notaries public takes effect.  If such an           amendment is
not approved by the voters, the Act has no effect.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE ACTION

H.B. 1209 was considered by the committee in a public hearing on
April 18, 1995.  The following person testified for the bill:
     Sim W. Goodall, representing himself.
The bill was left pending.

H.B. 1209 was considered by the committee in a formal meeting on
April 25, 1995.  The bill was reported favorably without amendment,
with the recommendation that it do pass and be printed and be sent
to the Committee on Local and Consent Calendars, by a record vote
of 8 ayes, 0 nays, 0 pnv, 1 absent.