1-1 By: West (Senate Sponsor - Gallegos) H.B. No. 243
1-2 (In the Senate - Received from the House April 19, 1999;
1-3 April 20, 1999, read first time and referred to Committee on
1-4 Criminal Justice; May 14, 1999, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to authorizing peace officers to administer certain oaths.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 602.002, Government Code, is amended to
1-11 read as follows:
1-12 Sec. 602.002. OATH MADE IN TEXAS. An oath made in this
1-13 state may be administered and a certificate of the fact given by:
1-14 (1) a judge, clerk, or commissioner of a court of
1-15 record;
1-16 (2) a justice of the peace or a clerk of a justice
1-17 court;
1-18 (3) a notary public;
1-19 (4) a member of a board or commission created by a law
1-20 of this state, in a matter pertaining to a duty of the board or
1-21 commission;
1-22 (5) a person employed by the Texas Ethics Commission
1-23 who has a duty related to a report required by Title 15, Election
1-24 Code, in a matter pertaining to that duty;
1-25 (6) a county tax assessor-collector or an employee of
1-26 the county tax assessor-collector if the oath relates to a document
1-27 that is required or authorized to be filed in the office of the
1-28 county tax assessor-collector;
1-29 (7) a peace officer described by Article 2.12, Code of
1-30 Criminal Procedure, if:
1-31 (A) the oath is administered when the officer is
1-32 engaged in the performance of the officer's duties; and
1-33 (B) the administration of the oath relates to
1-34 the officer's duties;
1-35 (8) the secretary of state;
1-36 (9) [(8)] the lieutenant governor;
1-37 (10) [(9)] the speaker of the house of
1-38 representatives; or
1-39 (11) [(10)] the governor.
1-40 SECTION 2. The importance of this legislation and the
1-41 crowded condition of the calendars in both houses create an
1-42 emergency and an imperative public necessity that the
1-43 constitutional rule requiring bills to be read on three several
1-44 days in each house be suspended, and this rule is hereby suspended,
1-45 and that this Act take effect and be in force from and after its
1-46 passage, and it is so enacted.
1-47 * * * * *