| 1 | 1 | | H.B. No. 1285 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to persons authorized to administer an oath in this state. |
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| 6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 7 | 7 | | SECTION 1. Section 602.002, Government Code, is amended to |
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| 8 | 8 | | read as follows: |
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| 9 | 9 | | Sec. 602.002. OATH MADE IN TEXAS. An oath made in this |
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| 10 | 10 | | state may be administered and a certificate of the fact given by: |
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| 11 | 11 | | (1) a judge, retired judge, or clerk of a municipal |
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| 12 | 12 | | court; |
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| 13 | 13 | | (2) a judge, retired judge, senior judge, clerk, or |
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| 14 | 14 | | commissioner of a court of record; |
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| 15 | 15 | | (3) a justice of the peace or a clerk of a justice |
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| 16 | 16 | | court; |
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| 17 | 17 | | (4) a notary public; |
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| 18 | 18 | | (5) a member of a board or commission created by a law |
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| 19 | 19 | | of this state, in a matter pertaining to a duty of the board or |
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| 20 | 20 | | commission; |
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| 21 | 21 | | (6) a person employed by the Texas Ethics Commission |
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| 22 | 22 | | who has a duty related to a report required by Title 15, Election |
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| 23 | 23 | | Code, in a matter pertaining to that duty; |
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| 24 | 24 | | (7) a county tax assessor-collector or an employee of |
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| 25 | 25 | | the county tax assessor-collector if the oath relates to a document |
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| 26 | 26 | | that is required or authorized to be filed in the office of the |
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| 27 | 27 | | county tax assessor-collector; |
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| 28 | 28 | | (8) the secretary of state or a former secretary of |
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| 29 | 29 | | state; |
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| 30 | 30 | | (9) an employee of a personal bond office, or an |
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| 31 | 31 | | employee of a county, who is employed to obtain information |
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| 32 | 32 | | required to be obtained under oath if the oath is required or |
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| 33 | 33 | | authorized by Article 17.04 or by Article 26.04(n) or (o), Code of |
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| 34 | 34 | | Criminal Procedure; |
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| 35 | 35 | | (10) the lieutenant governor or a former lieutenant |
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| 36 | 36 | | governor; |
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| 37 | 37 | | (11) the speaker of the house of representatives or a |
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| 38 | 38 | | former speaker of the house of representatives; |
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| 39 | 39 | | (12) the governor or a former governor; |
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| 40 | 40 | | (13) a legislator or retired legislator; |
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| 41 | 41 | | (14) the attorney general or a former attorney |
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| 42 | 42 | | general; |
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| 43 | 43 | | (15) the secretary or clerk of a municipality in a |
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| 44 | 44 | | matter pertaining to the official business of the municipality; or |
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| 45 | 45 | | (16) a peace officer described by Article 2.12, Code |
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| 46 | 46 | | of Criminal Procedure, if: |
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| 47 | 47 | | (A) the oath is administered when the officer is |
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| 48 | 48 | | engaged in the performance of the officer's duties; and |
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| 49 | 49 | | (B) the administration of the oath relates to the |
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| 50 | 50 | | officer's duties. |
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| 51 | 51 | | SECTION 2. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2009. |
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| 56 | 56 | | ______________________________ ______________________________ |
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| 57 | 57 | | President of the Senate Speaker of the House |
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| 58 | 58 | | I certify that H.B. No. 1285 was passed by the House on May 5, |
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| 59 | 59 | | 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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| 60 | 60 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 61 | 61 | | No. 1285 on May 29, 2009, by the following vote: Yeas 142, Nays 0, |
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| 62 | 62 | | 2 present, not voting. |
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| 63 | 63 | | ______________________________ |
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| 64 | 64 | | Chief Clerk of the House |
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| 65 | 65 | | I certify that H.B. No. 1285 was passed by the Senate, with |
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| 66 | 66 | | amendments, on May 25, 2009, by the following vote: Yeas 31, Nays |
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| 67 | 67 | | 0. |
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| 68 | 68 | | ______________________________ |
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| 69 | 69 | | Secretary of the Senate |
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| 70 | 70 | | APPROVED: __________________ |
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| 71 | 71 | | Date |
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| 72 | 72 | | __________________ |
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| 73 | 73 | | Governor |
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