JWW H.B. 135 75(R)BILL ANALYSIS


PUBLIC SAFETY
H.B. 135
By: West, George "Buddy"
4-28-97
Committee Report (Unamended)



BACKGROUND 

At 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. 

In addition, the number of notaries public within each county is under the
control of the Secretary of State, the issuing authority. Current law
(Article 4, Section 26,  Texas Constitution and Section 406.001,
Government Code) gives the Secretary of State sole authority to appoint
notary publics. 

PURPOSE

This bill will take effect if HJR 18 is adopted by the legislature and
passed by the citizens in an election scheduled for November 4, 1997.
This bill will allow peace officers to act as notaries public strictly
through the course of their duties. 

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 Chapter 406, Government Code to add Subchapter C as
follows: 

  Subchapter C.  PEACE OFFICERS DESIGNATED AS NOTARIES PUBLIC

  Section 406.081.  DEFINITION.  Defines "peace officer" as described in
Article   2.12, Code of Criminal Procedure. 

  Section 406.082.  DESIGNATION.  This applies to peace officers who are
not   designated as notaries public under Subchapter A, Section 406.001,
Government   Code.  States that a peace officer appointed notary public
has the same duties and   powers as any other notary public. 

  Section 406.083.  A peace officer serving as a notary public according
to this   section may do so only as provided by this subchapter. 

  Section 406.084.  SCOPE OF OFFICE.  

  (a)  A peace officer may notarize a document only:
   (1)  while performing the duties of that office;
   (2)  if the document is related to the duties of that officer.

  (b)  Under this subchapter a peace officer is not authorized to notarize:
    (1)  the signature of that officer;
   (2)  any document relating to any civil proceeding.

  (c)  An oath may be administered by a peace officer:
   (1)  in the performance of that officer's duties;
   (2)  if the administration of that oath relates to the duties of that
officer. 

  Section  406.085.  REMOVAL FROM OFFICE.  States that no peace officer
indicted for and convicted of either willful neglect of duty or official
misconduct   may serve as notary public. 

  Section 406.086.  PEACE OFFICER NOT SUBJECT TO REGULATION BY   SECRETARY
OF STATE.  Normally notaries public are subject to regulation by   the
Secretary of State under Subchapter A, Section 406.001, Government Code.
However, peace officers acting as notaries public under this subchapter
are not   subject to such regulation. 

SECTION 2 Effective date subject to the passage of HJR 18 and the
constitutional amendment   subject to voter approval on November 4, 1997:
January 1, 1997. 

SECTION 3 Emergency Clause.