By:  Armbrister                                                   S.B. No. 322
	(In the Senate - Filed January 29, 2003; February 6, 2003, 
read first time and referred to Committee on State Affairs; 
February 27, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 7, Nays 0; 
February 27, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 322                                    By:  Armbrister


A BILL TO BE ENTITLED

AN ACT


relating to persons who may administer oaths in Texas.                      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 602.002, Government Code, as amended by 
Chapters 514 and 986, Acts of the 77th Legislature, Regular 
Session, 2001, is reenacted and amended to read as follows:
	Sec. 602.002.  OATH MADE IN TEXAS.  An oath made in this 
state may be administered and a certificate of the fact given by:
		(1)  a judge, retired judge, or [a] clerk of a municipal 
court, in a matter pertaining to a duty of the court;
		(2)  a judge, retired judge, senior judge, clerk, or 
commissioner of a court of record;
		(3)  a justice of the peace or a clerk of a justice 
court;                  
		(4)  a notary public;                                                         
		(5)  a member of a board or commission created by a law 
of this state, in a matter pertaining to a duty of the board or 
commission;
		(6)  a person employed by the Texas Ethics Commission 
who has a duty related to a report required by Title 15, Election 
Code, in a matter pertaining to that duty;
		(7)  a county tax assessor-collector or an employee of 
the county tax assessor-collector if the oath relates to a document 
that is required or authorized to be filed in the office of the 
county tax assessor-collector;
		(8)  the secretary of state;                                                  
		(9)  an employee of a personal bond office if the oath 
is required or authorized by Article 17.04, Code of Criminal 
Procedure;
		(10)  the lieutenant governor;                                                
		(11)  the speaker of the house of representatives;                            
		(12)  the governor;                                                           
		(13)  a legislator or retired legislator;                                     
		(14)  the attorney general;                                                   
		(15)  the secretary or clerk of a municipality in a 
matter pertaining to the official business of the municipality; or
		(16)  [(15)] a peace officer described by Article 2.12, 
Code of Criminal Procedure, if:
			(A)  the oath is administered when the officer is 
engaged in the performance of the officer's duties; and
			(B)  the administration of the oath relates to the 
officer's duties.       
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.



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