SRC-JEC, MSY S.B. 1087 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1087
By: Staples
State Affairs
6/16/2003
Enrolled


DIGEST 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, and the Office of the Attorney General has indicated that the
current Government Code imposes an additional duty on applicants for the
position of notary public that is not imposed upon other appointed state
officers.  S.B. 1087 deletes the language in the Government Code that
requires an applicant to execute the "Statement of Officer" before a
person authorized to administer oaths in this state. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Repealer:  Section 406.005(c), Government Code (requiring a
certain statement made by applicants for the position of notary public to
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). 
SECTION 2.  Effective date:  September 1, 2003.