§ 132.001.Unsworn Declaration

Title 6. Miscellaneous Provisions · Chapter 132. Unsworn Declarations · Last amended 2013 · Last verified August 29, 2026

In one sentenceSection 132.001 allows an unsworn declaration under penalty of perjury in place of an affidavit, with prescribed jurats and four exceptions.

Full Text of § 132.001

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(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"

End

Plain-English Summary

A provision that removes the notary from most of Texas civil practice.

Subsection (a): an unsworn declaration may be used in lieu of a written sworn declaration, verification, certification, oath, or affidavit required by statute, rule, order, or other requirement adopted as provided by law.

That is a broad substitution, and it reaches most places a Texas practitioner would otherwise need a notary — verified pleadings, summary judgment affidavits, and the many verifications the rules require.

Subsection (b) sets out four exceptions, and they share a rationale: 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; an oath of office; and an oath required to be taken before a specified official other than a notary public.

The first two protect the integrity of the public records, where a formally acknowledged instrument is what gives the filing its effect. The last two involve a ceremony the identity of the officiant is part of.

Subsection (c) sets two formal requirements: the declaration must be in writing and subscribed as true under penalty of perjury. The penalty of perjury is what substitutes for the oath.

Three prescribed jurats follow, each in substantially the following form rather than verbatim: a general one requiring name, date of birth and full address; an inmate version requiring the inmate identifying number and unit rather than an address; and a government employee version requiring the agency and a statement that the declaration is part of assigned duties.

The inmate and employee forms exist because the general form asks for a home address that neither can sensibly supply.

Frequently Asked Questions

Do I need a notary for a Texas affidavit?

Usually not. An unsworn declaration under penalty of perjury may be used in place of a sworn declaration, verification, certification, oath, or affidavit.

When is a notary still required?

For a lien or property instrument filed with a county clerk, an oath of office, and an oath required before a specified official other than a notary.

What must the declaration contain?

It must be in writing, subscribed as true under penalty of perjury, and include a jurat in substantially the prescribed form.

Are there different forms?

Yes — a general form, an inmate form using an identifying number and unit, and a government employee form naming the agency.

Amendment History

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.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source