Texas 2011 - 82nd Regular

Texas House Bill HB3674 Compare Versions

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1	1	By: Eiland (Senate Sponsor - Duncan) H.B. No. 3674
2	2	(In the Senate - Received from the House May 4, 2011;
3	3	May 5, 2011, read first time and referred to Committee on
4	4	Jurisprudence; May 21, 2011, reported favorably by the following
5	5	vote: Yeas 5, Nays 0; May 21, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the use of an unsworn declaration.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 132.001, Civil Practice and Remedies
13	13	Code, is amended to read as follows:
14	14	Sec. 132.001. UNSWORN [USE BY INMATES IN LIEU OF SWORN]
15	15	DECLARATION. (a) Except as provided by Subsection (b), an unsworn
16	16	declaration [made as provided by this chapter by an inmate in the
17	17	Texas Department of Criminal Justice or in a county jail] may be
18	18	used in lieu of a written sworn declaration, verification,
19	19	certification, oath, or affidavit required by statute or required
20	20	by a rule, order, or requirement adopted as provided by law.
21	21	(b) This section [chapter] does not apply to an oath of
22	22	office or an oath required to be taken before a specified official
23	23	other than a notary public.
24	24	(c) An unsworn declaration made under this section must be:
25	25	(1) in writing; and
26	26	(2) subscribed by the person making the declaration as
27	27	true under penalty of perjury.
28	28	(d) Except as provided by Subsection (e), an unsworn
29	29	declaration made under this section must include a jurat in
30	30	substantially the following form:
31	31	"My name is __________ _________ ____________, my
32	32	(First) (Middle) (Last)
33	33	date of birth is _________________, and my address is
34	34	_____________, ____________, _________, _________,
35	35	(Street) (City) (State) (Zip Code)
36	36	and __________________. I declare under penalty of
37	37	(Country)
38	38	perjury that the foregoing is true and correct.
39	39	Executed in _______ County, State of ________, on
40	40	the ________ day of________, ________.
41	41	(Month) (Year)
42	42	____________________
43	43	Declarant"
44	44	(e) An unsworn declaration made under this section by an
45	45	inmate must include a jurat in substantially the following form:
46	46	"My name is __________ _________ ____________, my
47	47	(First) (Middle) (Last)
48	48	date of birth is _____________________, and my inmate
49	49	identifying number, if any, is __________________. I
50	50	am presently incarcerated in ________________________
51	51	(Corrections unit name)
52	52	in _____________, _________, _______, ____________. I
53	53	(City) (County) (State) (Zip Code)
54	54	declare under penalty of perjury that the foregoing is
55	55	true and correct.
56	56	Executed on the _____ day of ________, _______.
57	57	(Month) (Year)
58	58	____________________
59	59	Declarant"
60	60	SECTION 2. Sections 132.002 and 132.003, Civil Practice and
61	61	Remedies Code, are repealed.
62	62	SECTION 3. Section 132.001, Civil Practice and Remedies
63	63	Code, as amended by this Act, applies only to an unsworn declaration
64	64	executed on or after the effective date of this Act. An unsworn
65	65	declaration executed before the effective date of this Act is
66	66	governed by the law in effect immediately before the effective date
67	67	of this Act, and that law is continued in effect for that purpose.
68	68	SECTION 4. This Act takes effect September 1, 2011.
69	69	* * * * *