Texas House Bill HB3674

Texas 2011 - 82nd Regular

• Introduced: 3/11/11
• Out of House Committee: 4/26/11
• Voted on by House: 5/4/11
• Refer: 3/23/11
• Out of Senate Committee: 5/21/11
• Report Pass: 4/14/11
• Voted on by Senate: 5/25/11
• Engrossed: 5/4/11
• Governor Action: 6/17/11
• Refer: 5/5/11
• Report Pass: 5/21/11
• Enrolled: 5/27/11
• Passed: 6/17/11

Caption

Relating to the use of an unsworn declaration.

Impact

The primary impact of HB 3674 is on the procedural requirements within civil litigation and related legal contexts. By permitting unsworn declarations, the bill aims to streamline processes and reduce the burdens on individuals involved in legal proceedings. This reform is significant for those unable to access notary services or those who are incarcerated, as it provides an alternative method for persons to declare the truth of certain statements under penalty of perjury, thereby making the legal system more accessible.

Summary

House Bill 3674 relates to the use of unsworn declarations, providing a legal framework for individuals to submit declarations without the necessity of a sworn statement. This bill amends Section 132.001 of the Civil Practice and Remedies Code, allowing an unsworn declaration to be utilized in place of traditional sworn declarations, verifications, certifications, and affidavits mandated by statute or other legal requirements. The change facilitates a simpler process for individuals, particularly for those who may face challenges in obtaining sworn statements due to logistical reasons.

Contention

Notable points of contention arise around the implications of allowing unsworn declarations in place of sworn statements. Critics may argue that easing the requirements for declarations could lead to an increase in false claims, as the same level of verification typically required by a sworn statement is not present. Proponents counter that the bill includes statutory safeguards to limit abuse while enhancing access to legal processes. The prevailing concern is balancing efficiency and accessibility against the potential for misuse of unsworn declarations within the legal system.