By Thompson                                            H.B. No. 819
       74R4238 DLF-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the signature of a notary public on behalf of an
    1-3  individual with a disability.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 406, Government Code, is
    1-6  amended by adding Section 406.0165 to read as follows:
    1-7        Sec. 406.0165.  SIGNING DOCUMENT FOR INDIVIDUAL WITH
    1-8  DISABILITY.  (a)  A notary may sign the name of an individual who
    1-9  is physically unable to sign or make a mark on a document presented
   1-10  for notarization if directed to do so by that individual.
   1-11        (b)  A notary who signs a document under this section shall
   1-12  write, beneath the signature, the following or a substantially
   1-13  similar sentence:
   1-14        "Signature affixed by notary under Section 406.0165,
   1-15  Government Code."
   1-16        SECTION 2.  The importance of this legislation and the
   1-17  crowded condition of the calendars in both houses create an
   1-18  emergency and an imperative public necessity that the
   1-19  constitutional rule requiring bills to be read on three several
   1-20  days in each house be suspended, and this rule is hereby suspended,
   1-21  and that this Act take effect and be in force from and after its
   1-22  passage, and it is so enacted.
   1-23                       COMMITTEE AMENDMENT NO. 1
   1-24        Amend HB 819 by Thompson, S. as follows:
    2-1        On page 1 after line 15 add:
    2-2        "(c)  Such signature shall be effective as the signature of
    2-3  the individual for all purposes.  A subsequent bona fide purchaser
    2-4  for value may conclusively rely upon the signature of the notary as
    2-5  evidence of the competence of and consent by the individual to the
    2-6  execution of the document."
    2-7                                                     Jones of Lubbock