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.