By: Eiland H.B. No. 3674
A BILL TO BE ENTITLED
AN ACT
relating to the use of unsworn declarations.
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 DECLARATION
(a) Except as provided by subsection (b), an unsworn
declaration may be 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 chapter does not apply to an oath of office or an
oath required to be taken before a specified official other
than a notary public.
(c) An unsworn declaration made under this chapter must be
in writing and subscribed by the person making the
declaration as true under penalty of perjury.
(d)(1) Except as provided by subsection (d)(2), an unsworn
declaration made under this chapter must include a jurat in
substantially the following form:
"My name is (First:) __________ (Middle:) __________
(Last:) __________, my date of birth is __________, and my
address is (Street:) __________, (City:) __________,
(State:)_____, (Zip Code:) _____, and (Country:) __________.
I declare under penalty of perjury that the foregoing is true
and correct.
Executed in __________ County, State of _____, on the
_____ day of (Month:) _____, (Year:) _____.
_____________________________
Declarant"
(d)(2) An unsworn declaration made under this chapter by an
inmate must include a jurat in substantially the following form:
"My name is (First:) __________ (Middle:) __________
(Last:) __________, my date of birth is __________, and my
inmate identifying number, if any, is __________. I am
presently incarcerated in (Corrections unit name:)
__________ in (City:) __________ (County:) __________
(State:)_____ (Zip code:) _____. I declare under penalty of
perjury that the foregoing is true and correct.
Executed on the _____ day of (Month:) _____, (Year):
_____.
_____________________________
Declarant"
SECTION 2. Civil Practice and Remedies Code sections
132.002 and 132.003 are repealed.
Section 3. This Act takes effect September 1, 2011.