By Thompson                                      H.B. No. 242

      75R1505 DLF-F                           

                                A BILL TO BE ENTITLED

 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.

1-11           (b)  A notary who signs a document under this section shall

1-12     write, beneath the signature, the following or a substantially

1-13     similar sentence:

1-14           "Signature affixed by notary under Section 406.0165,

1-15     Government Code."

1-16           (c)  A signature made under this section is effective as the

1-17     signature of the individual on whose behalf the signature was made

1-18     for any purpose.  A subsequent bona fide purchaser for value may

1-19     rely on the signature of the notary as evidence of the individual's

1-20     consent to execution of the document.

1-21           SECTION 2.  The importance of this legislation and the

1-22     crowded condition of the calendars in both houses create an

1-23     emergency and an imperative public necessity that the

1-24     constitutional rule requiring bills to be read on three several

 2-1     days in each house be suspended, and this rule is hereby suspended,

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

 2-3     passage, and it is so enacted.

 3-1                          COMMITTEE AMENDMENT NO. 1

 3-2           Amend H.B. No. 242 as follows:

 3-3           (1)  On page 1, line 10, between "individual" and "." by

 3-4     inserting ", in the presence of a witness who has no legal or

 3-5     equitable interest in any real or personal property which is the

 3-6     subject of, or is affected by, the document being signed.  The

 3-7     notary shall require identification of the witness in the same

 3-8     manner as from an acknowledging person under Section 121.005"; and

 3-9           (2)  On page 1, line 14, between "notary" and "under" by

3-10     inserting "in the presence of (name of witness), a disinterested

3-11     witness,".

3-12                                                                   Clark