HBA-DMD H.J.R. 19 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 19
By: West, George
Public Safety
3/2/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, only the secretary of state has the authority to appoint
notaries public.  Currently, law enforcement and correctional agencies
(agencies) must obtain notary commissions for their employees for the
purposes of signing affidavits, complaints, and probable causes.  These
agencies must purchase notary bonds and must monitor their personnel to
ensure that there are adequate numbers of notaries public available.
Officers have been delayed in the discharge of their duties by waiting for
a notary to be found.  As proposed, H.J.R. 19 requires the submission to
the voters of a constitutional amendment authorizing the legislature to
permit peace officers to serve as notaries public when engaged in the
performance of their duties. 

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 26, Article IV, Texas Constitution, by adding
Subsection (c), to authorize the Legislature to provide that peace officers
may serve as notaries public when engaged in the performance of their
duties for matters arising in relation to those duties, notwithstanding
Subsections (a) and (b) of this section (which require the secretary of
state to appoint a convenient number of notaries public for the state, with
terms between two and four years, who are required to perform duties as
prescribed by law and whose qualifications are prescribed by law). 

SECTION 2.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language for the ballot.