1-1                                   AN ACT

 1-2     relating to the signature of a notary public on behalf of an

 1-3     individual with a disability.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter A, Chapter 406, Government Code, is

 1-6     amended by adding Section 406.0165 to read as follows:

 1-7           Sec. 406.0165.  SIGNING DOCUMENT FOR INDIVIDUAL WITH

 1-8     DISABILITY.  (a)  A notary may sign the name of an individual who

 1-9     is physically unable to sign or make a mark on a document presented

1-10     for notarization if directed to do so by that individual, in the

1-11     presence of a witness who has no legal or equitable interest in any

1-12     real or personal property that is the subject of, or is affected

1-13     by, the document being signed.  The notary shall require

1-14     identification of the witness in the same manner as from an

1-15     acknowledging person under Section 121.005, Civil Practice and

1-16     Remedies Code.

1-17           (b)  A notary who signs a document under this section shall

1-18     write, beneath the signature, the following or a substantially

1-19     similar sentence:

1-20           "Signature affixed by notary in the presence of (name of

1-21     witness), a disinterested witness, under Section 406.0165,

1-22     Government Code."

1-23           (c)  A signature made under this section is effective as the

1-24     signature of the individual on whose behalf the signature was made

 2-1     for any purpose.  A subsequent bona fide purchaser for value may

 2-2     rely on the signature of the notary as evidence of the individual's

 2-3     consent to execution of the document.

 2-4           (d)  In this section, "disability" means a physical

 2-5     impairment that impedes the ability to sign or make a mark on a

 2-6     document.

 2-7           SECTION 2.  The importance of this legislation and the

 2-8     crowded condition of the calendars in both houses create an

 2-9     emergency and an imperative public necessity that the

2-10     constitutional rule requiring bills to be read on three several

2-11     days in each house be suspended, and this rule is hereby suspended,

2-12     and this Act take effect and be in force from and after its

2-13     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 242 was passed by the House on April

         3, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 242 on May 28, 1997, by a non-record

         vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 242 was passed by the Senate, with

         amendments, on May 26, 1997, by the following vote:  Yeas 31, Nays

         0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor