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                                  * * * * *