HBA-SEB H.B. 243 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 243
By: West, George
Public Safety
2/9/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, sheriff offices, police departments, state police, and
correctional agencies must obtain notary commissions for their employees
for the purposes of signing affidavits, complaints, and probable cause
warrants.  Adequate numbers of notaries public must be available for these
purposes, and delays occur for peace officers when a notary is not
available.  H.B. 243 designates peace officers as notaries public and
specifies the restrictions imposed on officers acting in that capacity.
Provides that peace officers acting as notaries public are not subject to
regulation by the secretary of state. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 406, Government Code, by adding Subchapter C, as
follows: 
2/4/1999
SUBCHAPTER C.  PEACE OFFICERS DESIGNATED AS NOTARIES PUBLIC

Sec. 406.081.  DEFINITION.  Defines "peace officer"as a person described by
Article 2.12, Code of Criminal Procedure, which lists 29 examples of  peace
officers ranging from sheriffs and their deputies, to security personnel,
to municipal park and recreational patrolmen.     

Sec. 406.082.  APPLICABILITY.  Provides that this subchapter does not apply
to a peace officer who has been appointed notary public under Subchapter A
(Notary Public), in which case the peace officer appointed notary public
would have the same powers and duties as any other notary public. 

Sec. 406.083.  DESIGNATION.  Establishes that a peace officer is a notary
public and authorizes a peace officer to act as a notary public only as
provided by this subchapter. 

Sec. 406.084.  SCOPE OF OFFICE.  (a)  Authorizes a peace officer to
notarize a document only when engaged in the performance of the officer's
duties and if the document relates to the officer's duties. 

(b)  Prohibits a peace officer from notarizing the officer's own signature
or any document relating to a civil proceeding. 

(c)  Authorizes a peace officer to administer an oath only when engaged in
the performance of the officer's duties and if the administration of the
oath relates to the officer's duties. 

Sec. 406.085.  REMOVAL FROM OFFICE.  Prohibits a peace officer from acting
as a notary public under this subchapter if the officer has been convicted
of wilful neglect of duty or official misconduct as a notary public. 

 Sec. 406.086.  PEACE OFFICER NOT SUBJECT TO REGULATION BY SECRETARY OF
STATE.  Establishes that a peace officer acting as a notary public under
this subchapter is not subject to regulation by the secretary of state for
the officer's acts as a notary public. 

SECTION 2.  Effective date:  January 1, 2000.  States that this Act will
take effect only if the voters approve  the proposed constitutional
amendment allowing peace officers to serve as notaries public.  

SECTION 3.  Emergency clause.

2/4/1999