2005 Texas Government Code CHAPTER 618. UNIFORM FACSIMILE SIGNATURE OF PUBLIC OFFICIALS ACT

GOVERNMENT CODE

CHAPTER 618. UNIFORM FACSIMILE SIGNATURE OF PUBLIC OFFICIALS ACT


	§ 618.001. SHORT TITLE.  This chapter may be cited as the 
Uniform Facsimile Signature of Public Officials Act.

Added by Acts 1999, 76th Leg., ch. 227, § 4, eff. Sept. 1, 1999.           


	§ 618.002. DEFINITIONS.  In this chapter:                                   
		(1)  "Authorized officer" means any official of this 
state, a political subdivision of this state, or a department, 
agency, or instrumentality of this state or of a political 
subdivision of this state whose signature is required or permitted 
to be placed on a public security, eligible contract, instrument of 
payment, or certificate of assessment.
		(2)  "Certificate of assessment" means a certificate or 
instrument evidencing a special assessment that is issued by an 
agency or political subdivision of this state.
		(3)  "Eligible contract" means a written evidence of 
agreement, including a contract, purchase order, and surety bond, 
and any related document, including an application, certificate, 
and approval, other than a public security or instrument of 
payment, that is executed, authenticated, certified, or endorsed 
for or on behalf of a home-rule municipality with a population of 
1.9 million or more.
		(4)  "Facsimile signature" means a reproduction of the 
manual signature of an authorized officer that is made by any 
method, including engraving, imprinting, lithographing, and 
stamping.
		(5)  "Instrument of payment" means a check, draft, 
warrant, or order for the payment, delivery, or transfer of money.
		(6)  "Public security" means an obligation for the 
payment of money, including a bond, note, and certificate of 
indebtedness, that is issued by this state, a political subdivision 
of this state, or a department, agency, or instrumentality of this 
state or of a political subdivision of this state.

Added by Acts 1999, 76th Leg., ch. 227, § 4, eff. Sept. 1, 1999.  
Amended by Acts 2001, 77th Leg., ch. 669, § 20, eff. Sept. 1, 
2001.


	§ 618.003. AUTHORITY FOR FACSIMILE SIGNATURE.  Except as 
provided by Section 618.004, an authorized officer may execute, 
authenticate, certify, or endorse or authorize to be executed, 
authenticated, certified, or endorsed with the officer's facsimile 
signature instead of the officer's manual signature:
		(1)  a public security, instrument of payment, or 
certificate of assessment, if the use of the facsimile signature is 
authorized by the board, body, or officer empowered to authorize 
the issuance of the security, instrument, or certificate;  or
		(2)  an eligible contract, if the use of the facsimile 
signature is authorized by the governing body of the municipality.

Added by Acts 1999, 76th Leg., ch. 227, § 4, eff. Sept. 1, 1999.           


	§ 618.004. MANUAL SIGNATURE ON PUBLIC SECURITY.  (a) At 
least one signature that is required or permitted to be placed on a 
public security must be manually subscribed.
	(b)  Only the comptroller's signature or that of a deputy 
designated in writing to act for the comptroller is required to be 
manually subscribed on a public security required to be registered 
by the comptroller or a certificate on that security.

Added by Acts 1999, 76th Leg., ch. 227, § 4, eff. Sept. 1, 1999.           


	§ 618.005. EFFECT OF FACSIMILE SIGNATURE.  A facsimile 
signature placed in compliance with this chapter has the same legal 
effect as the authorized officer's manual signature.

Added by Acts 1999, 76th Leg., ch. 227, § 4, eff. Sept. 1, 1999.           


	§ 618.006. LACK OF AUTHORITY NOT DEFENSE.  In a suit or 
other legal action against an authorized officer whose facsimile 
signature is placed under this chapter on a public security, 
instrument of payment, certificate of assessment, or eligible 
contract, the placement of the facsimile signature without the 
officer's authority or consent is not a defense.

Added by Acts 1999, 76th Leg., ch. 227, § 4, eff. Sept. 1, 1999.           


	§ 618.007. AUTHORITY FOR FACSIMILE SEAL.  If the seal of 
this state, a political subdivision of this state, or a department, 
agency, or instrumentality of this state or of a political 
subdivision of this state is required in the execution, 
authentication, certification, or endorsement of a public 
security, instrument of payment, certificate of assessment, or 
eligible contract, an appropriate authorized officer may authorize 
the printing, engraving, lithographing, stamping, or other 
placement of a facsimile of the seal on the document.

Added by Acts 1999, 76th Leg., ch. 227, § 4, eff. Sept. 1, 1999.           


	§ 618.008. EFFECT OF FACSIMILE SEAL.  A facsimile seal 
placed in compliance with this chapter has the same legal effect as 
an impression of the seal.

Added by Acts 1999, 76th Leg., ch. 227, § 4, eff. Sept. 1, 1999.           


	§ 618.009. FRAUDULENT PLACEMENT OF FACSIMILE SIGNATURE OR 
SEAL;  OFFENSE.  (a) A person commits an offense if, with intent to 
defraud, the person places on a public security, instrument of 
payment, certificate of assessment or eligible contract:
		(1)  a facsimile signature or a reproduction of a 
facsimile signature;  or  
		(2)  a facsimile seal, or a reproduction of a facsimile 
seal, of this state, a political subdivision of this state, or a 
department, agency, or instrumentality of this state or a political 
subdivision of this state.
	(b)  An offense under this section is a felony punishable by 
imprisonment in the institutional division of the Texas Department 
of Criminal Justice for any term of not more than seven years or 
less than two years.

Added by Acts 1999, 76th Leg., ch. 227, § 4, eff. Sept. 1, 1999.