CHAPTER 601. ELECTION AND OFFICE HOLDING - Texas Statutes

GOVERNMENT CODE

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE A. PROVISIONS GENERALLY APPLICABLE TO PUBLIC OFFICERS

AND EMPLOYEES

CHAPTER 601. ELECTION AND OFFICE HOLDING

Sec. 601.001. DELIVERY OF CERTAIN BOOKS, PAPERS, AND DOCUMENTS

TO SUCCESSOR. (a) On leaving office, an officer shall deliver

all books, papers, and documents relating to the office to the

officer's successor.

(b) In this section, "officer" includes:

(1) each officer selected under the laws of this state; and

(2) a member of a board or commission created by state law.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 601.002. PERFORMANCE OF DUTIES BY FIRST ASSISTANT OR CHIEF

DEPUTY. (a) The first assistant or chief deputy of a public

office in which a physical vacancy occurs shall conduct the

affairs of the office until a successor qualifies for the office.

(b) The authority of a first assistant or chief deputy to

discharge the duties of an office under Subsection (a) ceases

when the successor to the office qualifies for the office.

(c) If the vacancy occurs during a legislative session and the

successor to the office is subject to senate confirmation, the

authority of the first assistant or chief deputy to discharge the

duties of an office under Subsection (a) ceases on the earlier

of:

(1) the end of the last day of the session; or

(2) the end of the 21st day after the day the person began

discharging the duties of the office.

(d) This section does not apply to a vacancy on a board or

commission.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 8.14, eff.

Sept. 1, 1999.

Sec. 601.003. REGULAR TERM OF STATE, DISTRICT, COUNTY, OR

PRECINCT OFFICE. (a) The regular term of an elective state,

district, county, or precinct office begins on January 1 of the

year following the general election for state and county

officers.

(b) A person elected to a regular term of office shall qualify

and assume the duties of the office on, or as soon as possible

after, January 1 of the year following the person's election.

(c) This section does not apply to the office of governor,

lieutenant governor, state senator, or state representative.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 601.004. PERSON ELECTED TO UNEXPIRED TERM OF STATE,

DISTRICT, COUNTY, OR PRECINCT OFFICE. A person who receives a

certificate of election to an unexpired term of an office is

entitled to qualify for and assume the duties of the office

immediately and shall take office as soon as possible after the

receipt of the certificate of election, subject to Section

212.0331, Election Code.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 1144, Sec. 3, eff.

Sept. 1, 2001.

Sec. 601.005. GOVERNOR TO COMMISSION STATE OR COUNTY OFFICERS.

(a) The governor shall issue a commission to each state or

county officer, other than the governor, the lieutenant governor,

a state senator, or a state representative, who qualifies for

office.

(b) The secretary of state shall perform ministerial duties

incidental to administer this section.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 601.006. CERTIFIED STATEMENT OF PERSONS ELECTED TO COUNTY

OR PRECINCT OFFICES. (a) On or immediately after January 1

after a general election for state and county officers, each

county clerk shall deliver to the secretary of state a certified

statement that contains for each person elected to a county or

precinct office in the election:

(1) the name of the person;

(2) the office to which the person was elected; and

(3) the date the person qualified for the office.

(b) The secretary of state shall prescribe necessary forms for

the statement and instructions for delivery of the statement.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 601.007. EVIDENCE OF QUALIFICATION FOR OFFICE. On demand

of a citizen of this state, the comptroller, a commissioners

court, a county treasurer, or any other officer of the state or

of a municipality who is authorized by law to make, order, or

audit payment to an officer of the state, of a county, or of a

municipality of compensation, fees, or perquisites for official

services shall, before making, ordering, or auditing the payment,

require the officer to produce:

(1) the certificate of election or of appointment to the office

that is required by law to be issued to the officer; or

(2) a certified copy of the judgment or decree that:

(A) was issued by a court of competent jurisdiction; and

(B) determined the officer's claim to the office.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.37, eff.

Sept. 1, 1997.

Sec. 601.008. UNAUTHORIZED OFFICERS. (a) An officer or court

of this state or of a municipality may not make, order, allow, or

audit payment of a person's claim for compensation, fees,

perquisites, or services as an officer of the state or of the

municipality unless the person:

(1) has been:

(A) lawfully elected as the officer and determined to be elected

to the office by the canvass conducted of the election for the

office;

(B) appointed as the officer by the lawful appointing authority;

or

(C) adjudged to be the officer by a state court of competent

jurisdiction; and

(2) has qualified as the officer under law.

(b) A person who has not been elected or appointed to an office

or has not qualified for office, as prescribed by Subsection (a),

is not entitled to:

(1) receive payment for services as the officer; or

(2) exercise the powers or jurisdiction of the office.

(c) The official acts of a person who claims a right to exercise

the power or jurisdiction of an office contrary to this section

are void.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.