Law:Title 6. Public Officers And Employees (Texas)

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Subtitle A. Provisions Generally Applicable To Public Officers And Employees

Contents

Chapter 601. Election And Office Holding

Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.

Chapter 602. Administration Of Oaths

Section  602.001.  Definition.

In this chapter, "oath" includes the oath in an affidavit.

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



Section 602.002.  Oath Made In Texas.

An oath made in this state may be administered and a certificate of the fact given by:

(1)  a judge, retired judge, or clerk of a municipal court;

(2)  a judge, retired judge, senior judge, clerk, or commissioner of a court of record;

(3)  a justice of the peace or a clerk of a justice court;

(4)  a notary public;

(5)  a member of a board or commission created by a law of this state, in a matter pertaining to a duty of the board or commission;

(6)  a person employed by the Texas Ethics Commission who has a duty related to a report required by Title 15, Election Code, in a matter pertaining to that duty;

(7)  a county tax assessor-collector or an employee of the county tax assessor-collector if the oath relates to a document that is required or authorized to be filed in the office of the county tax assessor-collector;

(8)  the secretary of state or a former secretary of state;

(9)  an employee of a personal bond office, or an employee of a county, who is employed to obtain information required to be obtained under oath if the oath is required or authorized by Article 17.04 or by Article 26.04(n) or (o), Code of Criminal Procedure;

(10)  the lieutenant governor or a former lieutenant governor;

(11)  the speaker of the house of representatives or a former speaker of the house of representatives;

(12)  the governor or a former governor;

(13)  a legislator or retired legislator;

(14)  the attorney general or a former attorney general;

(15)  the secretary or clerk of a municipality in a matter pertaining to the official business of the municipality; or

(16)  a peace officer described by Article 2.12, Code of Criminal Procedure, if:

(A)  the oath is administered when the officer is engaged in the performance of the officer's duties; and

(B)  the administration of the oath relates to the officer's duties.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 165, Sec. 19, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 325, Sec. 1, eff. May 29, 1999; Acts 1999, 76th Leg., ch. 638, Sec. 1, eff. Aug. 30, 1999; Acts 1999, 76th Leg., ch. 653, Sec. 1, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 514, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 986, Sec. 1, eff. June 15, 2001; Acts 2003, 78th Leg., ch. 568, Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1171, Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 9.015, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 372, Sec. 1, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 907, Sec. 1, eff. June 19, 2009.



Section  602.003.  Oath Made Outside Texas But Inside United States.

An oath made outside this state but inside the United States or its territories may be administered and a certificate of the fact given by:

(1)  a clerk of a court of record having a seal;

(2)  a commissioner of deeds appointed under a law of this state; or

(3)  a notary public.

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



Section  602.004.  Oath Made Outside United States.

An oath made outside the United States and its territories may be administered and a certificate of the fact given by:

(1)  a minister, commissioner, or charge d'affaires of the United States who resides in and is accredited to the country where the oath or affidavit is made;

(2)  a consul-general, consul, vice-consul, commercial agent, vice-commercial agent, deputy consul, or consular agent of the United States who resides in the country where the oath or affidavit is made; or

(3)  a notary public.

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



Section  602.005.  Oath Made By Member Of Armed Forces Or By Member's Spouse.

(a) A commissioned officer of the United States armed forces or of a United States armed forces auxiliary may administer an oath made by a member of the armed forces, a member of an armed forces auxiliary, or a member's spouse and may give a certificate of the fact.

(b)  Unless there is pleading or evidence to the contrary, a certificate signed under this section that is offered in evidence establishes that:

(1)  the commissioned officer who signed was a commissioned officer on the date the officer signed; and

(2)  the person who made the oath or affidavit was a member of the armed forces or an armed forces auxiliary or was a member's spouse when the oath was made.

(c)  An oath is not invalid because the commissioned officer who certified the oath did not attach an official seal to the certificate.

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



Section  602.006.  Oath Of Office.

An oath of office may be administered and a certificate of the fact given by a member of the legislature.

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


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