2005 Texas Government Code CHAPTER 602. ADMINISTRATION OF OATHS

GOVERNMENT CODE

CHAPTER 602. ADMINISTRATION OF OATHS


	§ 602.001. DEFINITION.  In this chapter, "oath" includes 
the oath in an affidavit.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 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 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 or by Article 26.04(n) or 
(o), 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)  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.       

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 165, § 19, eff. Sept. 1, 
1995;  Acts 1999, 76th Leg., ch. 325, § 1, eff. May 29, 1999;  
Acts 1999, 76th Leg., ch. 638, § 1, eff. Aug. 30, 1999;  Acts 
1999, 76th Leg., ch. 653, § 1, eff. June 18, 1999;  Acts 2001, 
77th Leg., ch. 514, § 1, eff. Sept. 1, 2001;  Acts 2001, 77th 
Leg., ch. 986, § 1, eff. June 15, 2001;  Acts 2003, 78th Leg., ch. 
568, § 1, eff. June 20, 2003;  Acts 2003, 78th Leg., ch. 1171, 
§ 1, eff. June 20, 2003;  Acts 2003, 78th Leg., ch. 1276, § 
9.015, eff. Sept. 1, 2003.


	§ 602.003. OATH MADE OUTSIDE TEXAS BUT INSIDE UNITED 
STATES.  An oath made outside this state but inside the United 
States or its territories may be administered and a certificate of 
the fact given by:
		(1)  a clerk of a court of record having a seal;                              
		(2)  a commissioner of deeds appointed under a law of 
this state;  or       
		(3)  a notary public.                                                         

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 602.004. OATH MADE OUTSIDE UNITED STATES.  An oath made 
outside the United States and its territories may be administered 
and a certificate of the fact given by:
		(1)  a minister, commissioner, or charge d'affaires of 
the United States who resides in and is accredited to the country 
where the oath or affidavit is made;
		(2)  a consul-general, consul, vice-consul, commercial 
agent, vice-commercial agent, deputy consul, or consular agent of 
the United States who resides in the country where the oath or 
affidavit is made;  or
		(3)  a notary public.                                                         

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 602.005. OATH MADE BY MEMBER OF ARMED FORCES OR BY 
MEMBER'S SPOUSE.  (a) A commissioned officer of the United States 
armed forces or of a United States armed forces auxiliary may 
administer an oath made by a member of the armed forces, a member of 
an armed forces auxiliary, or a member's spouse and may give a 
certificate of the fact.
	(b)  Unless there is pleading or evidence to the contrary, a 
certificate signed under this section that is offered in evidence 
establishes that:
		(1)  the commissioned officer who signed was a 
commissioned officer on the date the officer signed;  and
		(2)  the person who made the oath or affidavit was a 
member of the armed forces or an armed forces auxiliary or was a 
member's spouse when the oath was made.
	(c)  An oath is not invalid because the commissioned officer 
who certified the oath did not attach an official seal to the 
certificate.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 602.006. OATH OF OFFICE.  An oath of office may be 
administered and a certificate of the fact given by a member of the 
legislature.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.