Section 406.0165 - Signing Document for Individual With Disability(a) A notary may sign the name of an individual who is physically unable to sign or make a mark on a document presented for notarization if directed to do so by that individual, in the presence of a witness who has no legal or equitable interest in any real or personal property that is the subject of, or is affected by, the document being signed. The notary shall require identification of the witness in the same manner as from an acknowledging person under Section 121.005, Civil Practice and Remedies Code.(b) A notary who signs a document under this section shall write, beneath the signature, the following or a substantially similar sentence: "Signature affixed by notary in the presence of (name of witness), a disinterested witness, under Section 406.0165, Government Code."
(c) A signature made under this section is effective as the signature of the individual on whose behalf the signature was made for any purpose. A subsequent bona fide purchaser for value may rely on the signature of the notary as evidence of the individual's consent to execution of the document.(d) In this section, "disability" means a physical impairment that impedes the ability to sign or make a mark on a document.Tex. Gov't. Code § 406.0165
Added by Acts 1997, 75th Leg., ch. 1218, Sec. 1, eff. 9/1/1997.