1-1 By: Talton (Senate Sponsor - Brown) H.B. No. 451
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on
1-4 Jurisprudence; May 11, 2001, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to an employee of a personal bond office administering
1-9 oaths to or taking an acknowledgment or proof of a written
1-10 instrument from personal bond applicants.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 602.002, Government Code, as amended by
1-13 Chapters 325, 638, and 653, Acts of the 76th Legislature, Regular
1-14 Session, 1999, is amended to read as follows:
1-15 Sec. 602.002. OATH MADE IN TEXAS. An oath made in this
1-16 state may be administered and a certificate of the fact given by:
1-17 (1) a judge or a clerk of a municipal court, in a
1-18 matter pertaining to a duty of the court;
1-19 (2) a judge, clerk, or commissioner of a court of
1-20 record;
1-21 (3) a justice of the peace or a clerk of a justice
1-22 court;
1-23 (4) a notary public;
1-24 (5) a member of a board or commission created by a law
1-25 of this state, in a matter pertaining to a duty of the board or
1-26 commission;
1-27 (6) a person employed by the Texas Ethics Commission
1-28 who has a duty related to a report required by Title 15, Election
1-29 Code, in a matter pertaining to that duty;
1-30 (7) a county tax assessor-collector or an employee of
1-31 the county tax assessor-collector if the oath relates to a document
1-32 that is required or authorized to be filed in the office of the
1-33 county tax assessor-collector;
1-34 (8) [(7)] a peace officer described by Article 2.12,
1-35 Code of Criminal Procedure, if:
1-36 (A) the oath is administered when the officer is
1-37 engaged in the performance of the officer's duties; and
1-38 (B) the administration of the oath relates to
1-39 the officer's duties;
1-40 (9) an employee of a personal bond office if the oath
1-41 is required or authorized by Article 17.04, Code of Criminal
1-42 Procedure;
1-43 (10) [(8)] the secretary of state;
1-44 (11) [(9)] the lieutenant governor;
1-45 (12) [(10)] the speaker of the house of
1-46 representatives; [or]
1-47 (13) [(11)] the governor; or[.]
1-48 (14) [(11)] the secretary or clerk of a municipality
1-49 in a matter pertaining to the official business of the
1-50 municipality.
1-51 SECTION 2. Subsection (a), Section 121.001, Civil Practice
1-52 and Remedies Code, is amended to read as follows:
1-53 (a) An acknowledgment or proof of a written instrument may
1-54 be taken in this state by:
1-55 (1) a clerk of a district court;
1-56 (2) a judge or clerk of a county court;
1-57 (3) a notary public; [or]
1-58 (4) a county tax assessor-collector or an employee of
1-59 the county tax assessor-collector if the instrument is required or
1-60 authorized to be filed in the office of the county tax
1-61 assessor-collector; or
1-62 (5) an employee of a personal bond office if the
1-63 acknowledgment or proof of a written instrument is required or
1-64 authorized by Article 17.04, Code of Criminal Procedure.
2-1 SECTION 3. This Act takes effect immediately if it receives
2-2 a vote of two-thirds of all the members elected to each house, as
2-3 provided by Section 39, Article III, Texas Constitution. If this
2-4 Act does not receive the vote necessary for immediate effect, this
2-5 Act takes effect September 1, 2001.
2-6 * * * * *