Tex. Codes » Penal Code · TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION · CHAPTER 37. PERJURY AND OTHER FALSIFICATION
Texas Codes

Tex. Penal Code § 37.07 (2026)

Irregularities No Defense

✓ current as of May 2026
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Sec. 37.07. IRREGULARITIES NO DEFENSE. (a) It is no defense to prosecution under Section 37.02 (Perjury) or 37.03 (Aggravated Perjury) that the oath was administered or taken in an irregular manner, or that there was some irregularity in the appointment or qualification of the person who administered the oath.

(b) It is no defense to prosecution under Section 37.02 (Perjury) or 37.03 (Aggravated Perjury) that a document was not sworn to if the document contains a recital that it was made under oath, the declarant was aware of the recital when he signed the document, and the document contains the signed jurat of a public servant authorized to administer oaths.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 7 cases, 1982–2019 · leading case: Charles Edwin Bullard v. W. J. Estelle, Jr., Dir., Texas Dep't of Corr., 665 F.2d 1347 (5th Cir. 1982).
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Charles Edwin Bullard v. W. J. Estelle, Jr., Dir., Texas Dep't of Corr., 665 F.2d 1347 (5th Cir. 1982). “After the determination of guilt the jury is then appraised of circumstances affecting sentence (such as prior convictions, see note 2, infra) and the jury, or the judge if the defendant has elected to waive a jury, assesses punishment.”
Chase Erick Wheeler v. State, 573 S.W.3d 437 (Tex. App. 2019). “(citing Tex. Penal Code Ann. § 37.07 (b)). Bonner testified that he was not aware his affidavit needed to be sworn at the time he made the affidavit.”
Prado McGee Jr. v. W.J. Estelle, Jr., Dir., Texas Dep't of Corr., Respondent, 704 F.2d 764 (5th Cir. 1983). “Tex.Penal Code Ann. § 37.07 (Vernon) (1974).”
Hardy, Dearl (Tex. Crim. App. 2007). “" (4) However, the court of appeals overlooked Texas Penal Code §37.07(b), which did not exist at the time Lowry was decided, and which provides: It is no defense to prosecution under Section 37.”
Raegan D. Ashcraft v. State (Tex. App. 2013). “Although this would be a simpler case if McWherter had verbally recited the oath to Officer Kline, we nonetheless conclude that these statements and the accompanying signatures, when considered in their totality, support the trial court’s finding that the affidavit, if later…”
Bryan Jonathan Aylor v. State (Tex. App. 2011). “TEX. PENAL CODE ANN. § 37.07(b) (Vernon 2003).”
Desilets, Paul Ray (Tex. App. 2015). “Violated Tex. Penal Code § 37.07(a)(2), tampering with or fabricating physical evidence.”
— Tex. Penal Code § 37.07(a)(2) — 1 case
Desilets, Paul Ray (Tex. App. 2015). “Violated Tex. Penal Code § 37.07(a)(2), tampering with or fabricating physical evidence.”
— Tex. Penal Code § 37.07(b) — 3 cases
Hardy, Dearl (Tex. Crim. App. 2007). “" (4) However, the court of appeals overlooked Texas Penal Code §37.07(b), which did not exist at the time Lowry was decided, and which provides: It is no defense to prosecution under Section 37.”
Raegan D. Ashcraft v. State (Tex. App. 2013). “Although this would be a simpler case if McWherter had verbally recited the oath to Officer Kline, we nonetheless conclude that these statements and the accompanying signatures, when considered in their totality, support the trial court’s finding that the affidavit, if later…”
Bryan Jonathan Aylor v. State (Tex. App. 2011). “TEX. PENAL CODE ANN. § 37.07(b) (Vernon 2003).”
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