The Attorney General of Texas
October 16, 1978
JOHN L. HILL
Attorney General
Honorable Fred P. Holub Opinion No. I-I- 1258
Matagorda County Attorney
P. 0. Box 1527 Re: Whether a rubber stamp
Bay City, Texas 77414 may be used by a district clerk
as his official seal.
Dear Mr. Holub:
You have requested our opinion regarding whether a rubber stamp
engraved as directed by article 1905, V.T.C.S., may be used by a district clerk
as his official seal to validate his acts of office.
A very similar question was posed in Attorney General Opinion M-853
(1971). That opinion decided that a notary public may use a rubber stamp
engraved as directed by article 5960, V.T.C.S. That opinion stated:
The specific directive of such statute is in regard to
the text and form of a particular device or design to
be enived on the instrument . . . as a seal of office.
Nothing in this statute . . . requires the use of any
particular material in the construction of any seal,
notarial or otherwise.
(Emphasis in original).
Article 5960, the statute that describes the seal of notaries public, is
substantially similar in wording and form to article 1905, the statute that
describes the seal of district clerks. Accordingly, it is our opinion that the
use of a rubber stamp engraved as described in article 1905 by a district clerk
to authenticate his acts of office is permissible and sufficient in law to
constitute the use of his official seal. Caution should be taken. however. to
insure the durability and clarity of the impression. See Stooksberry v. Swan,
21 S.W. 694 (Tex. Civ. Ape.), affirmed, 22 S.W. 963 (1893).
SUMMARY
A district clerk may use a properly engraved rubber
stamp as his official seal of office.
p. 4988
Honorable Fred P. Holub - Page 2 (H-1258)
Attorney General of Texas
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APPROVED:
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Opinion Committee
jm
p. 498,9