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.