Gera.ldC.Mann
AttorneyGeneral
Honorable Homer P. Rainey, President
The University of Texas
Austin, Texas
Dear Mr. Rainey Opinion No. O-3799
Re: Matter of the oath required of
teachers, instructors, visit-
ing instructors, or other em-
ployees of tax-supported schools,
colleges, university, or other
tax-supported institutions of
learning in Texas, under S. B.
No. 38, Regular Session, 47th
Legislature.
Answering your inquiry of July 19, 1941, concern-
ing the interpretation of S. B. No. 38 of the Regular Ses-
sion of the 47th Legislature, we beg to advise:
The oath of office required by S. B. No. 39 of a
"teacher, instructor, visiting instructor, or other employee
in, for, or connected with any tax-supported school, college,
university, or tax-supported institution of learning in this
state, ' should be taken by such teacher, or other person desig-
nated by the Act by subscribing his name to a printed or writ-
ten oath of office, as prescribed by Article XVI, Section 1,
of the Constitution, as amended November 8, 1938, before an
officer authorized to administer oaths in this state, such as
a judge or clerk of a court of record, a justice of the peace,
or a notary public, duly authenticated by such officer's cer-
tificate.
It probably is true, that an oral oath of office ad-
ministered to such person by a competent authority would meet
the requirement of the statute, but for administrative pur-
poses, it is infinitely better that the oath when taken should
be subscribed as above indicated, to the end that such subscribed
oath may be filed with the governing body of the school,
college, university, or institution of learning by whom
the subscribing teacher, or other employee, is employed.
For your convenience we are attaching hereto a copy
of such oath of office.
Yours very truly,
APPROVEDJUL 25, 1941 ATTORNEY GENERAL OF TEXAS
/s/ Grover Sellers BY: /s/ Ocie Steen,ASSISTANT
FIRSTASST. AIlQPNEYGENERAL
OS-MR APPROVED:OpinionCcnmittee
BY: BNB,Cha.irman