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.