1-1 By: Thompson (Senate Sponsor - Ellis) H.B. No. 242 1-2 (In the Senate - Received from the House April 4, 1997; 1-3 April 8, 1997, read first time and referred to Committee on 1-4 Jurisprudence; April 24, 1997, reported favorably, as amended, by 1-5 the following vote: Yeas 6, Nays 0; April 24, 1997, sent to 1-6 printer.) 1-7 COMMITTEE AMENDMENT NO. 1 By: Ellis 1-8 Amend H.B. No. 242 (Engrossed Version) by adding the following at 1-9 the end of SECTION 1 of the bill (Page 1, Line 40): 1-10 "(d) In this section, "disability" means a physical 1-11 impairment that impedes the ability to sign or make a mark on a 1-12 document." 1-13 A BILL TO BE ENTITLED 1-14 AN ACT 1-15 relating to the signature of a notary public on behalf of an 1-16 individual with a disability. 1-17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-18 SECTION 1. Subchapter A, Chapter 406, Government Code, is 1-19 amended by adding Section 406.0165 to read as follows: 1-20 Sec. 406.0165. SIGNING DOCUMENT FOR INDIVIDUAL WITH 1-21 DISABILITY. (a) A notary may sign the name of an individual who 1-22 is physically unable to sign or make a mark on a document presented 1-23 for notarization if directed to do so by that individual, in the 1-24 presence of a witness who has no legal or equitable interest in any 1-25 real or personal property that is the subject of, or is affected 1-26 by, the document being signed. The notary shall require 1-27 identification of the witness in the same manner as from an 1-28 acknowledging person under Section 121.005, Civil Practice and 1-29 Remedies Code. 1-30 (b) A notary who signs a document under this section shall 1-31 write, beneath the signature, the following or a substantially 1-32 similar sentence: 1-33 "Signature affixed by notary in the presence of (name of 1-34 witness), a disinterested witness, under Section 406.0165, 1-35 Government Code." 1-36 (c) A signature made under this section is effective as the 1-37 signature of the individual on whose behalf the signature was made 1-38 for any purpose. A subsequent bona fide purchaser for value may 1-39 rely on the signature of the notary as evidence of the individual's 1-40 consent to execution of the document. 1-41 SECTION 2. The importance of this legislation and the 1-42 crowded condition of the calendars in both houses create an 1-43 emergency and an imperative public necessity that the 1-44 constitutional rule requiring bills to be read on three several 1-45 days in each house be suspended, and this rule is hereby suspended, 1-46 and this Act take effect and be in force from and after its 1-47 passage, and it is so enacted. 1-48 * * * * *