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.