By Talton                                              H.B. No. 451
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 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
 2-1     Code, in a matter pertaining to that duty;
 2-2                 (7)  a county tax assessor-collector or an employee of
 2-3     the county tax assessor-collector if the oath relates to a document
 2-4     that is required or authorized to be filed in the office of the
 2-5     county tax assessor-collector;
 2-6                 (8) [7]  a peace officer described by Article 2.12,
 2-7     Code of Criminal Procedure, if:
 2-8                       (A)  the oath is administered when the officer is
 2-9     engaged in the performance of the officer's duties; and
2-10                       (B)  the administration of the oath relates to
2-11     the officer's duties;
2-12                 (9)  an employee of a personal bond office if the oath
2-13     is required or authorized by Article 17.04, Code of Criminal
2-14     Procedure;
2-15                 (10) [8]  the secretary of state;
2-16                 (11) [9]  the lieutenant governor;
2-17                 (12) [10]  the speaker of the house of representatives;
2-18     [or]
2-19                 (13) [11]  the governor; or[.]
2-20                 (14) [11]  the secretary or clerk of a municipality in
2-21     a matter pertaining to the official business of the municipality.
2-22           SECTION 2.  Subsection (a), Section 121.001, Civil Practice
2-23     and Remedies Code, is amended to read as follows:
2-24           (a)  An acknowledgment or proof of a written instrument may
2-25     be taken in this state by:
2-26                 (1)  a clerk of a district court;
 3-1                 (2)  a judge or clerk of a county court;
 3-2                 (3)  a notary public; [or]
 3-3                 (4)  a county tax assessor-collector or an employee of
 3-4     the county tax assessor-collector if the instrument is required or
 3-5     authorized to be filed in the office of the county tax
 3-6     assessor-collector; or
 3-7                 (5)  an employee of a personal bond office if the
 3-8     acknowledgment or proof of a written instrument is required or
 3-9     authorized by Article 17.04, Code of Criminal Procedure.
3-10           SECTION 3.  This Act takes effect immediately if it receives
3-11     a vote of two-thirds of all the members elected to each house, as
3-12     provided by Section 39, Article III, Texas Constitution.  If this
3-13     Act does not receive the vote necessary for immediate effect, this
3-14     Act takes effect September 1, 2001.