By West H.B. No. 1209
74R4556 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to designating peace officers to serve as notaries public.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 406, Government Code, is amended by
1-5 adding Subchapter C to read as follows:
1-6 SUBCHAPTER C. PEACE OFFICERS DESIGNATED AS NOTARIES PUBLIC
1-7 Sec. 406.081. DEFINITION. In this subchapter, "peace
1-8 officer" means a person described by Article 2.12, Code of Criminal
1-9 Procedure.
1-10 Sec. 406.082. APPLICABILITY. This subchapter applies only
1-11 to a peace officer who has not been appointed a notary public under
1-12 Subchapter A. A peace officer appointed a notary public under that
1-13 subchapter has the same powers and duties as any other notary
1-14 public.
1-15 Sec. 406.083. DESIGNATION. A peace officer is a notary
1-16 public as provided by this subchapter and may act as a notary
1-17 public only as provided by this subchapter.
1-18 Sec. 406.084. SCOPE OF OFFICE. (a) A peace officer may
1-19 notarize a document only:
1-20 (1) when engaged in the performance of the officer's
1-21 duties; and
1-22 (2) if the document relates to the officer's duties.
1-23 (b) A peace officer may not, under the authority of this
1-24 subchapter, notarize:
2-1 (1) the officer's own signature; or
2-2 (2) any document relating to a civil proceeding.
2-3 (c) A peace officer may administer an oath only:
2-4 (1) when engaged in the performance of the officer's
2-5 duties; and
2-6 (2) if the administration of the oath relates to the
2-7 officer's duties.
2-8 Sec. 406.085. REMOVAL FROM OFFICE. A peace officer may not
2-9 act as a notary public under this subchapter if the officer has
2-10 been indicted for and convicted of a wilful neglect of duty or
2-11 official misconduct as a notary public.
2-12 SECTION 2. This Act takes effect January 1, 1996, but only
2-13 if the constitutional amendment proposed by the 74th Legislature,
2-14 Regular Session, 1995, allowing peace officers to serve as notaries
2-15 public takes effect. If that amendment is not approved by the
2-16 voters, this Act has no effect.
2-17 SECTION 3. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.