BILL ANALYSIS



H.J.R. 69
By: West
05-04-95
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.  Amends the Texas Constitution to allow peace officers
to serve as notaries public when engaged in the performance of
their duties.

SECTION 2.  The constitutional amendment will be submitted to
voters on November 7, 1995.

SUMMARY OF COMMITTEE ACTION

HJR 69 was considered by the committee in a public hearing on May
2, 1995.  The bill was reported favorably without amendment by a
record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.