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AN ACT
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relating to the use of an unsworn declaration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 132.001, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 132.001. UNSWORN [USE BY INMATES IN LIEU OF SWORN] |
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DECLARATION. (a) Except as provided by Subsection (b), an unsworn |
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declaration [made as provided by this chapter by an inmate in the
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Texas Department of Criminal Justice or in a county jail] may be |
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used in lieu of a written sworn declaration, verification, |
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certification, oath, or affidavit required by statute or required |
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by a rule, order, or requirement adopted as provided by law. |
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(b) This section [chapter] does not apply to an oath of |
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office or an oath required to be taken before a specified official |
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other than a notary public. |
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(c) An unsworn declaration made under this section must be: |
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(1) in writing; and |
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(2) subscribed by the person making the declaration as |
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true under penalty of perjury. |
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(d) Except as provided by Subsection (e), an unsworn |
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declaration made under this section must include a jurat in |
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substantially the following form: |
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"My name is __________ _________ ____________, my |
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(First) (Middle) (Last) |
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date of birth is _________________, and my address is |
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_____________, ____________, _________, _________, |
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(Street) (City) (State) (Zip Code) |
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and __________________. I declare under penalty of |
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(Country) |
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perjury that the foregoing is true and correct. |
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Executed in _______ County, State of ________, on |
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the ________ day of________, ________. |
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(Month) (Year) |
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____________________ |
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Declarant" |
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(e) An unsworn declaration made under this section by an |
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inmate must include a jurat in substantially the following form: |
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"My name is __________ _________ ____________, my |
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(First) (Middle) (Last) |
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date of birth is _____________________, and my inmate |
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identifying number, if any, is __________________. I |
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am presently incarcerated in ________________________ |
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(Corrections unit name) |
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in _____________, _________, _______, ____________. I |
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(City) (County) (State) (Zip Code) |
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declare under penalty of perjury that the foregoing is |
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true and correct. |
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Executed on the _____ day of ________, _______. |
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(Month) (Year) |
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____________________ |
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Declarant" |
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SECTION 2. Sections 132.002 and 132.003, Civil Practice and |
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Remedies Code, are repealed. |
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SECTION 3. Section 132.001, Civil Practice and Remedies |
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Code, as amended by this Act, applies only to an unsworn declaration |
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executed on or after the effective date of this Act. An unsworn |
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declaration executed before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3674 was passed by the House on May 3, |
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2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3674 was passed by the Senate on May |
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25, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |