Bill Text: TX HB3674 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the use of an unsworn declaration.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB3674 Detail]
Download: Texas-2011-HB3674-Comm_Sub.html
Bill Title: Relating to the use of an unsworn declaration.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB3674 Detail]
Download: Texas-2011-HB3674-Comm_Sub.html
By: Eiland (Senate Sponsor - Duncan) | H.B. No. 3674 | |
(In the Senate - Received from the House May 4, 2011; | ||
May 5, 2011, read first time and referred to Committee on | ||
Jurisprudence; May 21, 2011, reported favorably by the following | ||
vote: Yeas 5, Nays 0; May 21, 2011, sent to printer.) |
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relating to the use of an unsworn declaration. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 132.001, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 132.001. UNSWORN [ |
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DECLARATION. (a) Except as provided by Subsection (b), an unsworn | ||
declaration [ |
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used in lieu of a written sworn declaration, verification, | ||
certification, oath, or affidavit required by statute or required | ||
by a rule, order, or requirement adopted as provided by law. | ||
(b) This section [ |
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office or an oath required to be taken before a specified official | ||
other than a notary public. | ||
(c) An unsworn declaration made under this section must be: | ||
(1) in writing; and | ||
(2) subscribed by the person making the declaration as | ||
true under penalty of perjury. | ||
(d) Except as provided by Subsection (e), an unsworn | ||
declaration made under this section must include a jurat in | ||
substantially the following form: | ||
"My name is __________ _________ ____________, my | ||
(First) (Middle) (Last) | ||
date of birth is _________________, and my address is | ||
_____________, ____________, _________, _________, | ||
(Street) (City) (State) (Zip Code) | ||
and __________________. I declare under penalty of | ||
(Country) | ||
perjury that the foregoing is true and correct. | ||
Executed in _______ County, State of ________, on | ||
the ________ day of________, ________. | ||
(Month) (Year) | ||
____________________ | ||
Declarant" | ||
(e) An unsworn declaration made under this section by an | ||
inmate must include a jurat in substantially the following form: | ||
"My name is __________ _________ ____________, my | ||
(First) (Middle) (Last) | ||
date of birth is _____________________, and my inmate | ||
identifying number, if any, is __________________. I | ||
am presently incarcerated in ________________________ | ||
(Corrections unit name) | ||
in _____________, _________, _______, ____________. I | ||
(City) (County) (State) (Zip Code) | ||
declare under penalty of perjury that the foregoing is | ||
true and correct. | ||
Executed on the _____ day of ________, _______. | ||
(Month) (Year) | ||
____________________ | ||
Declarant" | ||
SECTION 2. Sections 132.002 and 132.003, Civil Practice and | ||
Remedies Code, are repealed. | ||
SECTION 3. Section 132.001, Civil Practice and Remedies | ||
Code, as amended by this Act, applies only to an unsworn declaration | ||
executed on or after the effective date of this Act. An unsworn | ||
declaration executed before the effective date of this Act is | ||
governed by the law in effect immediately before the effective date | ||
of this Act, and that law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2011. | ||
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