Unsworn Declarations – Avoiding the requirement of a Notary in Texas

 

The Eighty Second Texas Legislature issued a statute that allows and unsworn declaration instead of a sworn declaration …. or affidavit when required by statute, rule, order, or legal requirement.

What is require is that the declaration be in writing, subscribed by the person making the declaration as true under penalty of perjury.
(d) Except as provided by Subsections (e) and (f), an unsworn declaration made under this section must include a jurat in substantially the following form:

(b) This section does not apply to a lien required to be filed with a county clerk, an instrument concerning real or personal property required to be filed with a county clerk, or an oath of office or an oath required to be taken before a specified official other than a notary public.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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CIVIL PRACTICE AND REMEDIES CODE

TITLE 6. MISCELLANEOUS PROVISIONS

CHAPTER 132. UNSWORN DECLARATIONS

Sec. 132.001. UNSWORN DECLARATION. (a) Except as provided by Subsection (b), an unsworn declaration 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) This section does not apply to a lien required to be filed with a county clerk, an instrument concerning real or personal property required to be filed with a county clerk, or an oath of office or an oath required to be taken before a specified official other than a notary public.
(c) An unsworn declaration made under this section must be:
(1) in writing; and
(2) subscribed by the person making the declaration as true under penalty of perjury.
(d) Except as provided by Subsections (e) and (f), an unsworn declaration made under this section must include a jurat in substantially the following form:
“My name is __________ _________ ____________, my
(First) (Middle) (Last)
date of birth is _________________, and my address is
_____________, ____________, _________, ____________,
(Street) (City) (State) (Zip Code)
and __________________. I declare under penalty of
(Country)
perjury that the foregoing is true and correct.
Executed in _______ County, State of ________, on the ________ day of ________, ________.
(Month) (Year)
____________________
Declarant”
(e) An unsworn declaration made under this section by an inmate must include a jurat in substantially the following form:
“My name is __________ _________ ____________, my
(First) (Middle) (Last)
date of birth is _____________________, and my inmate
identifying number, if any, is __________________. I
am presently incarcerated in ________________________
(Corrections unit name)
in _____________, _________, _______, ____________. I
(City) (County) (State) (Zip Code)
declare under penalty of perjury that the foregoing is true and correct.
Executed on the _____ day of ________, _______.
(Month) (Year)
____________________
Declarant”
(f) An unsworn declaration made under this section by an employee of a state agency or a political subdivision in the performance of the employee’s job duties, must include a jurat in substantially the following form:
“My name is __________ _________ ____________, my
(First) (Middle) (Last)
and I am an employee of the following governmental agency: __________________. I am executing this declaration as part of my assigned duties and responsibilities. I declare under penalty of perjury that the foregoing is true and correct.
Executed in _____________ County, State of _________, on the _____ day of ________, _______.
(Month) (Year)
____________________
Declarant”

Added by Acts 1987, 70th Leg., ch. 1049, Sec. 60, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.011, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 847 (H.B. 3674), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 515 (S.B. 251), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 946 (H.B. 1728), Sec. 1, eff. June 14, 2013.

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