Part 4.
OFFICE OF THE SECRETARY OF STATE
Chapter 73.
STATUTORY DOCUMENTS
Subchapter D. STATEMENT OF OFFICER FORMS
1 TAC §73.43, §73.44
The Office of the Secretary of State proposes amendments
to Subchapter D concerning Statement of Officer Forms by amending §73.43
and §73.44. The purpose of the amendments is to conform the procedure
for executing the Statement of Officer ("Statement") to the requirements of
Section 1, Article XVI of the Texas Constitution. The amendments also update
the language in §73.43 and §73.44 to indicate that, pursuant to
amendments to Section 1 of Article XVI, there is only one Statement form.
The referenced Section 1 of Article XVI simply requires that an elected
or appointed state officer "subscribe" to the Statement, and file the signed
Statement with the Secretary of State. The language in Section 1 does not
require that the Statement be subscribed to before a person authorized to
administer oaths. An advisory opinion letter, dated September 18, 2002, from
the Office of the Texas Attorney General agrees that there is no requirement
that the Statement be subscribed to before a person authorized to administer
oaths.
Guy Joyner, Chief, Legal Support Unit, Statutory Documents Section has
determined that for the first five year period that the rule is in effect
there will be no fiscal implications for state or local government as a result
of enforcing the amendment. There is no effect on large businesses, small
businesses or micro-businesses. There is no anticipated additional economic
cost to individuals who are required to comply with the amendment as proposed.
There is no anticipated impact on local employment.
Mr. Joyner also has determined that for each year of the first five years
that the amendments are in effect the public benefit anticipated as a result
of enforcing the amendment will be to make the procedure for subscribing to
the Statement consistent with the procedure required by the Constitution.
It will also simplify the process for the filing of the Statement.
Comments on the proposed amendments may be submitted to Guy Joyner, Chief,
Legal Support Unit, Statutory Documents Section, P.O. Box 12887, Austin, Texas
78711-2887.
The amendments are proposed under the Texas Government Code, §2001.004(1)
which provides the Secretary of State with the authority to prescribe and
adopt rules.
The amendment affects the Texas Constitution, Section 1, Article XVI.
§73.43. Facsimile Transmission of a Statement of Officer Form.
The Office of the Secretary of State will accept a properly executed
legible facsimile (FAX) copy of the [
§73.44.Statement of Officer Form [
(a)
The Office of the Secretary of State hereby adopts by reference
the statement of [
(b)
All persons required to file
the
[
[(c)
The statement of officer form will be
executed before an officer authorized to administer oaths.]
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 20, 2002.
TRD-200208479
Geoffrey S. Connor
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: February 9, 2003
For further information, please call: (512) 475-0775
Chapter 113.
PROCUREMENT DIVISION
Subchapter A. PURCHASING
appropriate
] signed statement
of officer form required by Vernon's Annotated Texas Constitution, Article
16, §1(b) [
or (d)
]. The facsimile copy eliminates the requirement
to file the
original
[
originally
] signed instrument
with this office.
Forms ].
elected
] officer [
and the statement of appointed
officer
]
form
[
forms
].
A
[
Blank
] sample
copy
[
copies of each
]of the
form
[
forms
] may be obtained from the Office of the Secretary
of State, Statutory Documents Section, P.O. Box 12887, Austin, Texas 78711-2887.
A copy of the form is also available on the Secretary of State's Internet
site.
either
of these
]
statement
[
statements
] shall use the
[
appropriate
] form or a document which shall contain the following
information: the [
applicable
] constitutionally required language
with the
person's
[
affiant's
] typed or printed name,
the person's [
affiant's
] signature, the specific office elected
or appointed to, and the city and county where the office is located.
Part 5.
TEXAS BUILDING AND PROCUREMENT COMMISSION