SRC-AAA H.B. 242 75(R)BILL ANALYSIS


Senate Research CenterH.B. 242
By: Thompson (Ellis)
Jurisprudence
4-22-97
Committee Report (Amended)


DIGEST 

Currently, the law makes no provision for persons who are 
physically unable to sign or make a mark 
on a document to acknowledge that document. H.B. 242 sets forth 
requirements for signing a 
document for an individual with a disability.

PURPOSE

As proposed, H.B. 242 sets forth requirements for signing a 
document for an individual with a 
disability.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a 
state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 406A, Government Code, by adding Section 
406.0165, as follows:

Sec. 406.0165. SIGNING DOCUMENT FOR INDIVIDUAL WITH 
DISABILITY.  Sets 
forth requirements for signing a document for an individual 
with a disability.  Sets forth 
duties of a notary under this section. Provides that a 
signature under this section is effective 
as the signature of the individual on whose behalf the 
signature was made for any purpose. 
Authorizes a bona fide purchaser to rely on the signature of 
the notary as evidence of the 
individual's consent to execution of the document. Defines 
"disability."

SECTION 2. Emergency clause.
  Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

Amend SECTION 1 of the bill, by adding Subsection (d) to 
Section 406.0165, Government 
Code, to provide that "disability" means a physical 
impairment that impedes the ability to