Form 2204 1
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
An Oath of Office that is required to be filed with the Office of the Secretary of State is considered filed
once it has been received by this office. The Oath of Office may be administered to you by a person
authorized under the provisions of Chapter 602 of the Texas Government Code. Authorized persons
commonly used to administer oaths include notaries public and j udges.
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 register@sos.texas.gov. If
sent by
email, the original Oath should also be mailed to the appropriate address above.
NOTE: Do not have the Oath of Office 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
Pursuant to art. XVI, Section 1 of the Texas Constitution, the Oath of Office may not be taken until a
Statement of Officer (see Form 2201) 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.
Officers Required to File Oath of Office with the Secretary of State:
Gubernatorial appointees
District attorneys
Appellate and district court judges
Officers appointed by the supreme court, the court of criminal appeals, or the State Bar of
Texas
Associate judges appointed under subchapter B or C, chapter 201 of the Texas Family Code
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. Texas Water Code,
Sections 36.055(d) and 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.
Revised 9/2017
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.
As a general rule, city and county officials do not file their oath of office with the Secretary of State
these officials file at the local level. The Legislature amended the Texas Constitution, Article 16,
Section 1, in November 2001 to no longer require local level elected officials to file with our office.
The Office of the Secretary of State does NOT file Statements or Oaths from the following
persons: Assistant District Attorneys; City Officials, including City Clerks, City Council Members,
Municipal Judges, Justices of the Peace, and Police/Peace Officers; Zoning/Planning Commission
Members; County Officials, including County Clerks, County Commissioners, County Judges (except
County Court of Law Judges who file with the Elections Division), County Tax Assessors, and District
Clerks; and Officials of Regional Entities, such as, Appraisal Review Districts, Emergency Service
Districts, and School Districts (ISD’s). Questions about whether a particular officer is a state-level
officer may be resolved by consulting r elevant statutes, constitutional provisions, judicial decisions,
and attorney general opinions.
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.
Questions about this form should be directed to the Government Filings Section at (512) 463-6334
or register@sos.texas.gov.
Form 2204 2
Form 2204 3
This space reserved for office use
OATH OF OFFICE
Form #2204 Rev 9/2017
Submit to:
SECRETARY OF STATE
Government Filings Section
P O Box 12887
Austin, TX 78711-2887
512-463-6334
FAX 512-463-5569
Filing Fee: None
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS,
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.
Signature of Officer
Certification of Person Authorized to Administer Oath
State of
County of
Sworn to and subscribed before me on this _______________ day of _____________________, 20____.
(Affix Notary Seal,
only if oath
administered by a
notary.)
Signature of Notary Public or
Signature of Other Person Authorized to Administer An
Oath
Printed or Typed Name
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