Posted 04/26/2012 by John Atkins
A little-known move was made by the Texas legislature effective September 1, 2011, that may have done away with the need for a Notary Public in most circumstances. Other than for taking an oath of office or another oath required to be taken before a specified official other than a Notary Public, an “unsworn declaration” can be used instead of a notary. The form of the unsworn declaration is:
My name is _______________, my date of birth is __________, and my address is ____________________________ (including county and zip code). I declare under penalty of perjury that the foregoing is true and correct.
Executed in __________ County, State of Texas, on the ______ day of ___________
An alternate form is required if the person signing the document is an inmate. See Section 132.001 of the Texas Civil Practice and Remedies Code for details of the new law.
As with any new law, it is yet to be seen exactly how this will work in practice. If a notary is available, the best practice is to continue using a notary. Among other reasons, it eliminates (or at least drastically limits) any question about who actually signed the document because the notary either had to have known the declarant personally or must have reviewed a valid photo ID. But, if a notary is truly unavailable, this unsworn declaration may now take a notary’s place.
This column is published for informational purposes only. It should not be construed as legal advice and is not intended to create an attorney client relationship. The views expressed are those of the author and do not necessarily reflect the views of the author’s law firm or its individual partners.