79R8783 AJA-F

By:  Smithee                                                      H.B. No. 2550



A BILL TO BE ENTITLED

AN ACT

relating to the use of unsworn declarations and certifications.               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 132.001, Civil Practice and Remedies 
Code, is amended to read as follows:
	Sec. 132.001.  USE [BY INMATES IN LIEU] OF UNSWORN [SWORN] 
DECLARATION OR CERTIFICATION GENERALLY.  (a)  Except as provided by 
Section 132.002 or Subsection (c), if a law of this state or a rule, 
order, or requirement made under the law of this state requires or 
permits a matter to be supported, evidenced, established, or proved 
by a person's sworn statement, declaration, verification, 
certification, oath, or affidavit made in the person's writing, the 
matter may with like force and effect be supported, evidenced, 
established, or proved by the person's unsworn declaration or 
certification:
		(1)  in the person's writing;                                          
		(2)  in which the person certifies or declares that the 
information in the writing is:
			(A)  true and correct; and                                            
			(B)  certified or declared:                                           
				(i)  under penalty of perjury; and                                   
				(ii)  under the laws of the State of Texas; 
and                    
		(3)  that:                                                             
			(A)  is subscribed by the person; and                                 
			(B)  states the date of execution [Subsection (b), 
an unsworn declaration made as provided by this chapter by an inmate 
in the Texas Department of Corrections or in a county jail may be 
used in lieu of a written sworn declaration, verification, 
certification, oath, or affidavit required by statute or required 
by a rule, order, or requirement adopted as provided by law].
	(b)  Except as provided by Section 132.002, the form of a 
certification or declaration under this section must be 
substantially as follows:
	"I certify (or declare) under penalty of perjury under the 
laws of the State of Texas that the foregoing is true and correct:
		______________(date) ___________________(signature)"                   
	(c)  This section [chapter] does not apply to:
		(1)  a deposition;                                                     
		(2)  an oath of office; or                                      
		(3)  an oath required to be taken before a specified 
official other than a notary public.
	SECTION 2.  Section 132.002, Civil Practice and Remedies 
Code, is amended to read as follows:
	Sec. 132.002.  USE BY INMATES OF UNSWORN [REQUIREMENTS OF] 
DECLARATION.  (a)  Except as provided by Subsection (d), an unsworn 
declaration made under this section by an inmate in the Texas 
Department of Criminal Justice or in a county jail may be used in 
lieu of a written sworn declaration, verification, certification, 
oath, or affidavit required by statute or a rule, order, or 
requirement adopted under law.
	(b)  An unsworn declaration made under this section
[chapter] must be:
		(1)  in writing; and                                                          
		(2)  subscribed by the person making the declaration as 
true under penalty of perjury.
	(c)  The form of a declaration under this section must be 
substantially as follows:
	"I, ________________(insert name and inmate indentifying 
number from Texas Department of Criminal Justice or county jail), 
being presently incarcerated in _________________(insert Texas 
Department of Criminal Justice unit name or county jail name) in 
___________ County, Texas, declare under penalty of perjury that 
the foregoing is true and correct.  Executed on _______(date) 
______________________(signature)"
	(d)  This section does not apply to:                                    
		(1)  an oath of office; or                                             
		(2)  an oath required to be taken before a specified 
official other than a notary public.
	SECTION 3.  Section 132.003, Civil Practice and Remedies 
Code, is repealed.  
	SECTION 4.  The change in law made by this Act applies only 
to a declaration or certification made on or after the effective 
date of this Act.  A declaration or certification made before the 
effective date of this Act is governed by the law in effect 
immediately before that date, and that law is continued in effect 
for that purpose.
	SECTION 5.  This Act takes effect September 1, 2005.