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.