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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of unsworn declarations and certifications. |
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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. USE [BY INMATES IN LIEU] OF UNSWORN [SWORN] |
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DECLARATION OR CERTIFICATION GENERALLY. (a) Except as provided by |
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Section 132.002 or Subsection (c), if a law of this state or a rule, |
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order, or requirement made under the law of this state requires or |
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permits a matter to be supported, evidenced, established, or proved |
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by a person's sworn statement, declaration, verification, |
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certification, oath, or affidavit made in the person's writing, the |
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matter may with like force and effect be supported, evidenced, |
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established, or proved by the person's unsworn declaration or |
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certification: |
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(1) in the person's writing; |
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(2) in which the person certifies or declares that the |
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information in the writing is: |
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(A) true and correct; and |
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(B) certified or declared: |
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(i) under penalty of perjury; and |
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(ii) under the laws of the State of Texas; |
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and |
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(3) that: |
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(A) is subscribed by the person; and |
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(B) states the date of execution [Subsection (b),
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an unsworn declaration made as provided by this chapter by an inmate
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in the Texas Department of Corrections 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) Except as provided by Section 132.002, the form of a |
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certification or declaration under this section must be |
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substantially as follows: |
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"I certify (or declare) under penalty of perjury under the |
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laws of the State of Texas that the foregoing is true and correct: |
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______________(date) ___________________(signature)" |
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(c) This section [chapter] does not apply to: |
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(1) a deposition; |
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(2) an oath of office; or |
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(3) an oath required to be taken before a specified |
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official other than a notary public. |
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SECTION 2. Section 132.002, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 132.002. USE BY INMATES OF UNSWORN [REQUIREMENTS OF] |
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DECLARATION. (a) Except as provided by Subsection (d), an unsworn |
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declaration made under this section by an inmate in the Texas |
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Department of Criminal Justice or in a county jail may be used in |
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lieu of a written sworn declaration, verification, certification, |
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oath, or affidavit required by statute or a rule, order, or |
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requirement adopted under law. |
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(b) An unsworn declaration made under this section |
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[chapter] 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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(c) The form of a declaration under this section must be |
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substantially as follows: |
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"I, ________________(insert name and inmate indentifying |
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number from Texas Department of Criminal Justice or county jail), |
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being presently incarcerated in _________________(insert Texas |
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Department of Criminal Justice unit name or county jail name) in |
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___________ County, Texas, declare under penalty of perjury that |
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the foregoing is true and correct. Executed on _______(date) |
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______________________(signature)" |
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(d) This section does not apply to: |
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(1) an oath of office; or |
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(2) an oath required to be taken before a specified |
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official other than a notary public. |
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SECTION 3. Section 132.003, Civil Practice and Remedies |
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Code, is repealed. |
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SECTION 4. The change in law made by this Act applies only |
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to a declaration or certification made on or after the effective |
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date of this Act. A declaration or certification made before the |
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effective date of this Act is governed by the law in effect |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |