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.

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