Unauthorized Officers

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.