CHAPTER 618. UNIFORM FACSIMILE SIGNATURE OF PUBLIC OFFICIALS ACT - Texas Statutes

GOVERNMENT CODE

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE A. PROVISIONS GENERALLY APPLICABLE TO PUBLIC OFFICERS

AND EMPLOYEES

CHAPTER 618. UNIFORM FACSIMILE SIGNATURE OF PUBLIC OFFICIALS ACT

Sec. 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, Sec. 4, eff. Sept. 1,

1999.

Sec. 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, Sec. 4, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 669, Sec. 20, eff.

Sept. 1, 2001.

Sec. 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, Sec. 4, eff. Sept. 1,

1999.

Sec. 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, Sec. 4, eff. Sept. 1,

1999.

Sec. 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, Sec. 4, eff. Sept. 1,

1999.

Sec. 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, Sec. 4, eff. Sept. 1,

1999.

Sec. 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, Sec. 4, eff. Sept. 1,

1999.

Sec. 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, Sec. 4, eff. Sept. 1,

1999.

Sec. 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 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, Sec. 4, eff. Sept. 1,

1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.078, eff. September 1, 2009.