BILL ANALYSIS

H.B. 1285

By: Eiland

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current law authorizes a number of individuals who currently hold office in Texas to administer an oath. Only a retired judge has the ability to administer an oath after the judge's term has ended. There is a concern that while an incumbent of the office is authorized to administer an oath, a former state officer is unable to administer an oath once the former officer leaves office. This is disrespectful of the office and of the person who previously held office.

H.B. 1285 authorizes a former secretary of state, a former lieutenant governor, a former speaker of the house of representatives, a former governor, or a former attorney general to administer an oath in Texas and issue a certificate of the fact.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1285 amends the Government Code to authorize a former secretary of state, a former lieutenant governor, a former speaker of the house of representatives, a former governor, or a former attorney general to administer an oath in Texas and issue a certificate of the fact.

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.