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.