By West                                                H.B. No. 135

      75R67 DAK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to designating peace officers to serve as notaries public.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 406, Government Code, is amended by

 1-5     adding Subchapter C to read as follows:

 1-6         SUBCHAPTER C.  PEACE OFFICERS DESIGNATED AS NOTARIES PUBLIC

 1-7           Sec. 406.081.  DEFINITION.  In this subchapter, "peace

 1-8     officer" means a person described by Article 2.12, Code of Criminal

 1-9     Procedure.

1-10           Sec. 406.082.  APPLICABILITY.  This subchapter applies only

1-11     to a peace officer who has not been appointed a notary public under

1-12     Subchapter A.  A peace officer appointed a notary public under that

1-13     subchapter has the same powers and duties as any other notary

1-14     public.

1-15           Sec. 406.083.  DESIGNATION.  A peace officer is a notary

1-16     public as provided by this subchapter and may act as a notary

1-17     public only as provided by this subchapter.

1-18           Sec. 406.084.  SCOPE OF OFFICE.  (a)  A peace officer may

1-19     notarize a document only:

1-20                 (1)  when engaged in the performance of the officer's

1-21     duties; and

1-22                 (2)  if the document relates to the officer's duties.

1-23           (b)  A peace officer may not, under the authority of this

1-24     subchapter, notarize:

 2-1                 (1)  the officer's own signature; or

 2-2                 (2)  any document relating to a civil proceeding.

 2-3           (c)  A peace officer may administer an oath only:

 2-4                 (1)  when engaged in the performance of the officer's

 2-5     duties; and

 2-6                 (2)  if the administration of the oath relates to the

 2-7     officer's duties.

 2-8           Sec. 406.085.  REMOVAL FROM OFFICE.  A peace officer may not

 2-9     act as a notary public under this subchapter if the officer has

2-10     been indicted for  and convicted of a wilful neglect of duty or

2-11     official misconduct as a notary public.

2-12           Sec. 406.086.  PEACE OFFICER NOT SUBJECT TO REGULATION BY

2-13     SECRETARY OF STATE.  A peace officer acting as a notary public

2-14     under this subchapter is not subject to regulation by the secretary

2-15     of state for the peace officer's acts as a notary public.

2-16           SECTION 2.  This Act takes effect January 1, 1998, but only

2-17     if the constitutional amendment proposed by the 75th Legislature,

2-18     Regular Session, 1997, allowing peace officers to serve as notaries

2-19     public takes effect.  If that amendment is not approved by the

2-20     voters, this Act has no effect.

2-21           SECTION 3.  The importance of this legislation and the

2-22     crowded condition of the calendars in both houses create an

2-23     emergency and an imperative public necessity that the

2-24     constitutional rule requiring bills to be read on three several

2-25     days in each house be suspended, and this rule is hereby suspended.