HBA-SEB C.S.H.B. 243 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 243 By: West, George Public Safety 4/6/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE C.S.H.B. 243 authorizes a peace officer to administer an oath while engaged in the performance of the officer's duties and to give a certificate of fact in this 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 Section 602.002, Government Code, to authorize a peace officer as described by Article 2.12, Code of Criminal Procedure (list of people who are peace officers), to administer an oath and to give a certificate of fact in this state under specific conditions. Provides that the oath must be administered when the officer is engaged in the performance of the officer's duties and the administration of the oath must relate to those duties. Redesignates Subdivisions (8)-(10) to (9)-(11). SECTION 2.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in SECTION 1 by amending Section 602.002, Government Code, to authorize a peace officer to administer an oath and to give a certificate of fact under specific conditions. SECTION 1 of the original would have amended Chapter 406, Government Code, by adding Subchapter C, to designate peace officers as notaries public. The substitute redesignates SECTION 3 of the original to SECTION 2 of the substitute and deletes the proposed effective date and provision that the Act would have taken effect only if the voters had approved the proposed constitutional amendment allowing peace officers to serve as notaries public.