JWW H.J.R. 18 75(R)BILL ANALYSIS


PUBLIC SAFETY
H.J.R. 18
By: West, George "Buddy"
5-6-97
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. 

PURPOSE

This amendment, pending approved by the voters, will allow peace officers
to serve as notaries public in the course of their duties only. 

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 Section 26, Article IV, Texas Constitution by adding
Subsection (c) as   follows: 

  (c)  States that in accordance with HB 135, peace officers be allowed to
serve as   notaries public in circumstances where the need arises through
the course of their   duties as peace officers. 

SECTION 2 States that this amendment to the Texas Constitution will be
decided by the voters   on an election scheduled for November 4, 1997.
The "for, or against" ballot will   shall read "The constitutional
amendment to allow peace officers to serve as   notaries public."