1-1 AN ACT
1-2 relating to an employee of a personal bond office administering
1-3 oaths to or taking an acknowledgment or proof of a written
1-4 instrument from personal bond applicants.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 602.002, Government Code, as amended by
1-7 Chapters 325, 638, and 653, Acts of the 76th Legislature, Regular
1-8 Session, 1999, is amended to read as follows:
1-9 Sec. 602.002. OATH MADE IN TEXAS. An oath made in this
1-10 state may be administered and a certificate of the fact given by:
1-11 (1) a judge or a clerk of a municipal court, in a
1-12 matter pertaining to a duty of the court;
1-13 (2) a judge, clerk, or commissioner of a court of
1-14 record;
1-15 (3) a justice of the peace or a clerk of a justice
1-16 court;
1-17 (4) a notary public;
1-18 (5) a member of a board or commission created by a law
1-19 of this state, in a matter pertaining to a duty of the board or
1-20 commission;
1-21 (6) a person employed by the Texas Ethics Commission
1-22 who has a duty related to a report required by Title 15, Election
1-23 Code, in a matter pertaining to that duty;
1-24 (7) a county tax assessor-collector or an employee of
2-1 the county tax assessor-collector if the oath relates to a document
2-2 that is required or authorized to be filed in the office of the
2-3 county tax assessor-collector;
2-4 (8) [(7)] a peace officer described by Article 2.12,
2-5 Code of Criminal Procedure, if:
2-6 (A) the oath is administered when the officer is
2-7 engaged in the performance of the officer's duties; and
2-8 (B) the administration of the oath relates to
2-9 the officer's duties;
2-10 (9) an employee of a personal bond office if the oath
2-11 is required or authorized by Article 17.04, Code of Criminal
2-12 Procedure;
2-13 (10) [(8)] the secretary of state;
2-14 (11) [(9)] the lieutenant governor;
2-15 (12) [(10)] the speaker of the house of
2-16 representatives; [or]
2-17 (13) [(11)] the governor; or[.]
2-18 (14) [(11)] the secretary or clerk of a municipality
2-19 in a matter pertaining to the official business of the
2-20 municipality.
2-21 SECTION 2. Subsection (a), Section 121.001, Civil Practice
2-22 and Remedies Code, is amended to read as follows:
2-23 (a) An acknowledgment or proof of a written instrument may
2-24 be taken in this state by:
2-25 (1) a clerk of a district court;
2-26 (2) a judge or clerk of a county court;
2-27 (3) a notary public; [or]
3-1 (4) a county tax assessor-collector or an employee of
3-2 the county tax assessor-collector if the instrument is required or
3-3 authorized to be filed in the office of the county tax
3-4 assessor-collector; or
3-5 (5) an employee of a personal bond office if the
3-6 acknowledgment or proof of a written instrument is required or
3-7 authorized by Article 17.04, Code of Criminal Procedure.
3-8 SECTION 3. This Act takes effect immediately if it receives
3-9 a vote of two-thirds of all the members elected to each house, as
3-10 provided by Section 39, Article III, Texas Constitution. If this
3-11 Act does not receive the vote necessary for immediate effect, this
3-12 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 451 was passed by the House on May 5,
2001, by the following vote: Yeas 140, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 451 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor