*1 Gera.ldC.Mann

Attorney General

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, ATTORNEY GENERAL OF TEXAS APPROVED JUL 25, 1941 BY: /s/ Ocie Steen, ASSISTANT /s/ Grover Sellers FIRSTASST. AIlQPNEYGENERAL APPROVED: OpinionCcnmittee

OS-MR

BY: BNB,Cha.irman