Untitled Texas Attorney General Opinion

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The Honorable A. Bryan S.pires, Jr.M. D. Opinion No. H- 359
Secretary
Texas State Board of Medical Examiners Re: May the Texas State
Southwest Tower Bldg. Suite 900 Board of Medical Examiners
211 East Seventh Street have facsimile signatures of
Austin, Texas 78701 its members affixed by a
mechanical proces,s to the
license certificates it issues.

Dear Dr. Spires:

You ask whether members of the Texas State Board of Medical
Examiners may satisfy the requirements of Art. 4503, V. T. C. S., by
having facsimiles of their penned signatures made and affixed by
mechanical process to license certificates rather than signing each
certificate individually by hand. Art. 4503 provides that:

All certificates shall be attested by the seal
of the Board and signed by all members of the
Board, or a quorum thereof.

It is out opinion that a Board member’s use of a facsimile of a
penned signature is in compliance with the statutory requirement. In
Mondragon v. Mondragon, 257 S. W. 215, 216 (Tex. 1923), the Texas
Supreme Court stated:

A s.ignature made by rubber stamp, typewriter or
printing . . , may be adopted, and the instrument
to whi.ch it is signed becomes binding.

p. 1689
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The Honorable Bryan Spires, Jr. page 2 (H-359)

In Parsons v. State, 429 S. W, 2d 476, 477 (Tex. Crim. 1968),
the Court of Criminal Appeals concurred:

The use of a stamp producing a facsimile
of an original signature in signing le.gal docu-
ments has been upheld by this court.

According to BLACK’S LAW DICTIONARY:

A “signature” may be written by hand, printed,
stamped, typewritten, engraved, photographed,
or cut from one instrument and attached to
another, and a signature lithographed on an
instrument by a party is sufficient for the
purpose of signing it; it being immaterial
with what kind of instrument a signature is
made, (Signature, p. 1553).

Clearly, a stamped facsimile of a penned signature is a signature
and satisfies the requirements of Art. 4503.

SUMMARY

A Board member’s use of a facsimile of his
penned signature affixed to a license certificate
by printing, engraving, or other mechanical
process will satisfy the intent and letter of Art.
4503, V. T. C. S.

Very truly yours,

Attorney General of Texas

p. 1690
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The Honorable Bryan Spires page 3 (H-359)

DAVID M. KENDALL, Chair’man
Opinion Committee

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