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