Texas Attorney General Opinion: M-548 Page: 2 of 3
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Hon. Donald C. Klein, Page 2 (M-548)
"An affirmation is a solemn and formal
declaration or assertion that an affidavit is
true, that the witness will tell the truth,
etc., this being substituted for an oath in
Section 6, subsection b says:
"Effect should be given to constitutional
or statutory provisions that an oath or affirma-
tion shall be administered in the mode most
binding on the conscience of the person sworn in...."
"....An affirmation, instead of an oath may
be taken where the case falls within the scope
and meaning of a constitutional or statutory provi-
sion permitting it...."
The Texas Engineering Practice Act requires in Section 13
that "Applications for Registration...shall contain statements
made under oath, showing the applicants education...."
Article 23 of Vernon's Civil Statutes, Definition No.
4, provides that "Oath" includes Affirmation. Also according
to Definition No. 5 of Article 23 "swear" or "sworn includes
"affirm." Definition No. 18 of Article 23 says: "Affidavit
means a statement in writing of a fact or facts signed by the
party making it, and sworn to before some officer authorized to
administer oaths..." (Emphasis added.)
Article 25, Vernon's Civil Statutes, reads as follows:
"All oaths and affirmations shall be administered
in the mode most binding upon the conscience of the
individual taking same and shall be subject to the
pains and penalties of perjury.t
Section 5 of Article I of the Constitution of Texas
reads as follows:
"No person shall be disqualified to give evidence
in any of the Courts of this State on account of his
religious opinions, or for the want of any religious
belief, but all oaths or affirmations shall be adminis-
tered in the mode most binding upon the conscience, and
shall be taken subject to the pains and penalties of
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-548, text, 1970; (texashistory.unt.edu/ark:/67531/metapth269772/m1/2/: accessed September 19, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.