Texas Government Code 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.
Terms Used In Texas Government Code 601.008
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(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.