82R17800 CAE-F
By: Eiland H.B. No. 3674
A BILL TO BE ENTITLED
AN ACT
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 [USE BY INMATES IN LIEU OF SWORN]
DECLARATION. (a) Except as provided by Subsection (b), an unsworn
declaration [made as provided by this chapter by an inmate in the
Texas Department of Criminal Justice or in a county jail] 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 section [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 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Remedies Code, are repealed.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.