Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.24

Houston Criminal Defense Attorney - Texas Penal Code Art. 2.24 Authenticating Officer

Understanding Texas Law: The Role of an Authenticating Officer

In the state of Texas, there are various laws and regulations in place to ensure efficient governance and administration. One such law is Article 2.24, which addresses the appointment of an authenticating officer by the governor. The authenticating officer is entrusted with the authority to sign certain documents on behalf of the governor or to use the governor's facsimile signature. In this blog post, we will delve into the details of this Texas law, exploring its purpose, procedures, and implications.

Appointment of an Authenticating Officer

According to Article 2.24(a), the governor has the power to appoint an authenticating officer and delegate them the responsibility of signing documents. The governor must comply with the guidelines outlined in Subsection (b) of this article when making such an appointment. To initiate the appointment, the governor must file a document with the secretary of state containing the following information:

1. Name and signature: The document should include the name of the person to be appointed as the authenticating officer and a copy of their signature.

2. Authorized document types: The types of documents that the authenticating officer is authorized to sign on behalf of the governor.

3. Authorized facsimile signature: The types of documents on which the authenticating officer is authorized to use the governor's facsimile signature.

Revocation of Appointment

The governor also has the authority to revoke an appointment made under this law, as specified in Article 2.24(c). To do so, the governor must file a document with the secretary of state expressly revoking the appointment of the authenticating officer. This ensures that the governor can modify or terminate the delegation of signing authority as required.

Signing Procedure and Legal Effect

When an authenticating officer signs a document described in Article 2.24(a), they must adhere to a specific signing format, as stated in Subsection (d). The officer's signature should include the phrase "__________, Authenticating Officer for Governor __________." This format helps identify the authenticity of the signature and its relation to the governor's office.

Article 2.24(e) addresses the legal effect of documents signed by an authenticating officer. If a provision within the Texas code necessitates the governor's signature for a document to have legal effect, the authorized signature of the authenticating officer or an authorized facsimile signature of the governor carries the same legal weight as a manual signature by the governor. This provision ensures that the use of an authenticating officer or a facsimile signature does not diminish the document's legal validity.

Art. 2.24. AUTHENTICATING OFFICER. (a) The governor may appoint an authenticating officer, in accordance with Subsection (b) of this article, and delegate to that officer the power to sign for the governor or to use the governor's facsimile signature for signing any document that does not have legal effect under this code unless it is signed by the governor. (b) To appoint an authenticating officer under this article, the governor shall file with the secretary of state a document that contains: (1) the name of the person to be appointed as authenticating officer and a copy of the person's signature; (2) the types of documents the authenticating officer is authorized to sign for the governor; and (3) the types of documents on which the authenticating officer is authorized to use the governor's facsimile signature. (c) The governor may revoke an appointment made under this article by filing with the secretary of state a document that expressly revokes the appointment of the authenticating agent. (d) If an authenticating officer signs a document described in Subsection (a) of this article, the officer shall sign in the following manner: "__________, Authenticating Officer for Governor __________." (e) If a provision of this code requires the governor's signature on a document before that document has legal effect, the authorized signature of the authenticating officer or an authorized facsimile signature of the governor gives the document the same legal effect as if it had been signed manually by the governor. Added by Acts 1983, 68th Leg., p. 4289, ch. 684, Sec. 1, eff. June 19, 1983.

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