Article XVI, Section 1 of the Texas Constitution
As amended November 6, 2001:
(a) All elected and appointed officers, before they enter upon the duties of their offices, shall take the following Oath or Affirmation: "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."
(b) All elected or appointed officers, before taking the Oath or Affirmation of office prescribed by this section and entering upon the duties of office, shall subscribe to the following 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."
(c) Members of the Legislature, the Secretary of State, and all other elected and appointed state officers shall file the signed statement required by Subsection (b) of this section with the Secretary of State before taking the Oath or Affirmation of office prescribed by Subsection (a) of this section. All other officers shall retain the signed statement required by Subsection (b) of this section with the official records of the office.
Editor Comments
The required oath and statement are non-controversial.
However, the effect of non-compliance is not always clear.
Recent Decisions
None.
Historic Decisions
- Enloe v. State, 150 S.W.2d 1039, 1041 (Tex.Crim.App. 1941) ("The conclusion is reached that the two oaths are substantially different, and that one who subscribes to the old or former oath has not subscribed to the oath as now required by the Constitution of this State. Whether a substantial compliance may be invoked in matters of this kind is not, therefore, before us or here decided. The special judge having taken an oath of office, but not the one prescribed by the Constitution, raises the question as to his right to act as a de facto judge. The necessity for a special judge to take the oath of office as prescribed by the Constitution is not an open question in this state.")
- State ex rel. Clements v. Humphreys, 12 S.W. 99, 101 (Tex. 1889) ("To permit a candidate, in order to influence the voters, to hold out a promise that he will serve in case of election for less than the fees or salary fixed by law, is to thwart the will of the legislature . . . . Since the constitution only executes itself in so far as it appeals to the conscience of the candidate, and subjects him to the chances of an indictment for perjury by requiring of him an official oath, it would seem that additional legislation upon this matter is called for, to the extent at least of making the issuing of a circular such as is shown in this case to be disqualification to hold the office to which the candidate aspires.")
Library Resources
- Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)
- The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)
- The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)
Online Resources
- Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)
- Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)
- Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)