PMWJ H.B. 242 75(R)BILL ANALYSIS JUDICIAL AFFAIRS H.B. 242 By: Thompson 2-26-97 Committee Report (Amended) BACKGROUND Current law makes no provision for persons who are physically unable to sign or make a mark on a document to acknowledge that document. PURPOSE This bill allows a notary to sign the name of an individual who is physically unable to sign or make a mark on a document presented for notarization if directed to do so by that individual. 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 Subchapter A, Chapter 406 of the Government Code by adding a new Section 406.0165 as follows: Sec. 406.0165. Signing Document For Individual With Disability. Subsec. (a) provides that a notary may sign the name of an individual who is physically unable to sign or make a mark on a document presented for notarization if directed to do so by that individual. Subsec. (b) provides that a notary who signs under this section shall write, beneath the signature, the following or a substantially similar sentence: "Signature affixed by notary under Section 406.0165, Government Code." Subsec. (c) provides that such a signature shall be effective as the signature of the individual for all purposes. Further provides that a bona fide purchaser for value may rely upon the signature of the notary as evidence of the individual's consent to the execution of the document. SECTION 2. Emergency clause. Effective date. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 added language to require that the directive by the disabled person and the signing by the notary must be witnessed by a disinterested third party and that the notary require identification from the witness.