H.B. 3416 78(R)    BILL ANALYSIS


H.B. 3416
By: Marchant
State Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The Texas Government Code currently requires an applicant for the position
of notary public to execute the "Statement of Officer" required by the
Texas Constitution before a notary public or other person authorized to
administer oaths.  However, the Texas Constitution itself does not require
the statement to be subscribed before a person authorized to administer
oaths.  The purpose of House Bill 3416 is to remove the requirement that
an applicant execute the "Statement of Officer" in the presence of a
person authorized to administer oaths in this state. 

RULEMAKING AUTHORITY

It is the opinion of the committee that this bill does not expressly grant
any additional rulemaking authority to a state officer, department,
institution, or agency. 

ANALYSIS

House Bill 3416 repeals Section 406.005(c) of the Government Code.  The
subsection requires a "Statement of Officers," as required by Section 1,
Article XVI of the Texas Constitution, made by applicants for the position
of notary public to be signed and sworn to or affirmed by the applicant in
the presence of a notary public or other person authorized to administer
oaths in this state. 

EFFECTIVE DATE

September 1, 2003.