Legal Services

	"One of our elected officials is expecting a new grandchild around the end of December and may still be out of state on Jan. 1. What can we do to accommodate him for the oath of office?"

Are elected officials required to take the oath of office on Jan. 1?

Elected officials aren’t required to take the oath of office on Jan. 1. It can be done later, but it must be done before starting the duties of their office. Texas Constitution, Art. 16, §1. If the elected official doesn’t want to wait, Government Code §602.003 authorizes taking the oath before a notary public, but doesn’t require the notary to be certified in Texas. For more information, see our publication Oath & Bond Requirements for County Officials.