HomeMy WebLinkAbout09122019 ZPC Agenda Item 2 Form 2204—General Information
(Oath of Office)
The attached form is designed to meet minimal constitutional and statutory filing requirements pursuant to the
relevant provisions. This form and the information provided are not substitutes for the advice and services
of an attorney.
Commentary
All state or county officers, other than the governor, lieutenant governor, and members of the legislature, who
qualify for office are commissioned by the governor. Tex. Gov't Code § 601.005. The secretary of state
performs ministerial duties to administer the commissions issued by the governor, including confirming that
officers are qualified prior to being commissioned. Submission of this oath of office to the secretary of state
confirms an officer's qualification so that the commission may be issued.
Pursuant to art. XVI, § 1 of the Texas Constitution, the Oath of Office may not be taken until a Statement of
Officer has been subscribed to and, as required, filed with the secretary of state. (See Form 2201.)
Additionally, gubernatorial appointees who are appointed during a legislative session may not execute their
Oath until after confirmation by the Senate. Tex. Const. art. IV, § 12. A Statement of Officer required to be
filed with the secretary of state is filed upon receipt by the secretary of state.
The Oath of Office may be administered by anyone authorized under the provisions of Chapter 602 of the
Texas Government Code. Commonly used officials include notaries public and judges.
Officers Required to File Oath of Office with the Secretary of State:
• Gubernatorial appointees, appellate and district court judges, and district attorneys should file their
Oaths of Office with the secretary of state.
• Directors of districts operating pursuant to chapter 36 or 49 of the Texas Water Code shall file with the
secretary of state a duplicate original of their Oath of Office within 10 days of its execution. Tex.
Water Code Ann. §§ 36.055(d); 49.055(d).
Officers Not Required to File Oath of Office with the Secretary of State:
• Members of the Legislature elected to a regular term of office will have their Oath of Office
administered in chambers on the opening day of the session and recorded in the appropriate Journal.
Members elected to an unexpired term of office should file their Oath of Office with either the Chief
Clerk of the House or the Secretary of the Senate, as appropriate.
• All other persons should file their Oaths locally. Please check with the county clerk, city secretary or
board/commission secretary for the proper filing location.
Delivery Instructions
The oath may be mailed to P.O. Box 13550, Austin, Texas 78711-3550 or delivered to the James Earl
Rudder Office Building, 1019 Brazos, Austin, Texas 78701. A commission will be issued and forwarded
to an appointed or elected officer following receipt of an executed oath of office.
Revised 06/09
Form 2204 1
Form#2204 Rev.06/2009 This space reserved for office use
Submit to: �P E OF
SECRETARY OF STATE
Statutory Documents Section x
P 0 Box 13550 �� 4.7
Austin,TX 78711-3550
512-463-6334
OATH OF OFFICE
Filing Fee:None
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS,
I, , do solemnly swear(or affirm), that I will faithfully
execute the duties of the office of of
the State of Texas, and will to the best of my ability preserve,protect, and defend the Constitution and laws
of the United States and of this State, so help me God.
Signature of Officer
State of
County of )
Sworn to and subscribed before me this day of . 2() .
(seal)
Notary Public Signature
Form 2204 2
Form 2201—General Information
(Statement of Officer for Officers Not Appointed by the Governor)
The attached form is designed to meet minimal constitutional filing requirements pursuant to the relevant
provisions. This form and the information provided are not substitutes for the advice and services of an
attorney.
Commentary
Article XVI, § 1 of the Texas Constitution requires all elected or appointed state and local officers to
take the official oath of office found in § 1(a) and to subscribe to the anti-bribery statement found in
§ 1(b) before entering upon the duties of their offices. While local officers must retain the signed anti-
bribery statement with the official records of the office, state-level officers must file the signed statement
with the secretary of state before taking the oath of office required by § 1(a). This form is designed for
filing the anti-bribery statement by state-level officers who were not appointed by the governor.
State-level officers required to file the anti-bribery statement with the secretary of state include members
of the Legislature, the Secretary of State, and all other officers whose jurisdiction is coextensive with the
boundaries of the state or who immediately belong to one of the three branches of state government. Op.
Tex. Att'y Gen.No. JC-0575 (2002).
Questions about whether a particular officer is a state-level officer may be resolved by consulting
relevant statutes, constitutional provisions,judicial decisions, and attorney general opinions. Questions
regarding this form should be directed to the Statutory Documents Section at(512)463-5705.
Delivery Instructions
The statement may be submitted by mail, hand delivery, or facsimile. Send submissions by mail, except
for overnight mail, to P.O. Box 13550, Austin, Texas 78711-3550. Overnight mail or hand deliveries
should be directed to the James Earl Rudder Office Building, 1019 Brazos, Austin, Texas 78701. Fax
transmissions should be directed to (512) 475-2815. Do not fax the statement to any other fax number
listed for the secretary of state. Faxed documents received after business hours, on weekends, or on
holidays will be deemed received on the next business day. The statement is considered filed once it has
been received by this office.
Revised 06/09
Form 2201 1
Form#2201 Rev.06/2009 This space reserved for office use
Submit to: �P E Op
SECRETARY OF STATE to'-' 4
Statutory Documents Section x �•;0 �� �(� a
P O Box 13550 '4,60
Austin,TX 78711-3550
512-463-5705
512-475-2815-Fax STATEMENT OF OFFICER FOR
Filing Fee:None OFFICERS NOT APPOINTED BY
THE GOVERNOR
Statement
I, , do solemnly swear(or affirm)that I have not
directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or
thing of value, or promised any public office or employment for the giving or withholding of a vote at the
election at which I was elected or as a reward to secure my appointment or confirmation, whichever the
case may be, so help me God.
Position to Which Elected/Appointed:
City and/or County:
Execution
Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated therein
are true.
Date:
Signature of Officer
Form 2201 2