09-11-12 Building Codes Appeals Board

Browse Search

Form 2204 - Oath of Office (General Information) 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. Execution and Delivery Instructions The Oath is considered filed once it has been received by this office. Mail: P.O. Box 12887, Austin, Texas 78711-2887. Overnight mail or hand deliveries: James Earl Rudder Officer Building, 1019 Brazos, Austin, Texas 78701. Fax: (512) 463-5569. If faxed, the original Oath should also be mailed to the appropriate address above. Email: Scanned copies of the executed Oath may be sent to regi,s terla'�sos. state. I.Y. us. If emailed, the original Oath should also be mailed to the appropriate address above. NOTE: Do not have the Oath of O)fice administered to you before executing and filing the Statement of Officer (Form 2201 — commonly referred to as the "Anti -Bribery Statement') with the Office of the Secretary of State. 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, Section 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 Office of the Secretary of State confirms an officer's qualification so that the commission may be issued. Pursuant to art. XV1, Section I of the Texas Constitution, the Oath of Office may not be taken until a Statement of Officer (see Form 220 1) has been subscribed to and, as required, filed with the Office of the Secretary of State. 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, Section 12. A Statement of Officer form required to be filed with the Office of 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 • Directors of districts operating pursuant to chapter 36 or 49 of the Texas Water Code file a duplicate original of their Oath of Office within 10 days of its execution. Tex. Water Code Ann. Sections 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. Questions about this form should be directed to the Government Filings Section at (512) 463-6334 or rczislcr,'-Oos-slate. I'V. Its. Revised 1012011 Form 2204 1