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Texas Laws | Government Code
GOVERNMENT CODE
TITLE 5. OPEN GOVERNMENT; ETHICS

Added by Acts 1997, 75th Leg., ch. 336, Sec. 1, eff. Sept. 1, 1997. (58930)

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES (58931)(Text)

SUBTITLE A. PROVISIONS GENERALLY APPLICABLE TO PUBLIC OFFICERS AND EMPLOYEES (58932)(Text)

CHAPTER 601. ELECTION AND OFFICE HOLDING (58933)(Text)
Sec. 601.001. DELIVERY OF CERTAIN BOOKS, PAPERS, AND DOCUMENTS TO SUCCESSOR. (58934)(Text)

(a) On leaving office, an officer shall deliver all books, papers, and documents relating to the office to the officer's successor. (58935)

(b) In this section, "officer" includes: (58936)

(1) each officer selected under the laws of this state; and (58937)

(2) a member of a board or commission created by state law. (58938)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (58939)

Sec. 601.002. PERFORMANCE OF DUTIES BY FIRST ASSISTANT OR CHIEF DEPUTY. (58940)(Text)

(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. (58941)

(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. (58942)

(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: (58943)

(1) the end of the last day of the session; or (58944)

(2) the end of the 21st day after the day the person began discharging the duties of the office. (58945)

(d) This section does not apply to a vacancy on a board or commission. (58946)

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. (58947)

Sec. 601.003. REGULAR TERM OF STATE, DISTRICT, COUNTY, OR PRECINCT OFFICE. (58948)(Text)

(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. (58949)

(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. (58950)

(c) This section does not apply to the office of governor, lieutenant governor, state senator, or state representative. (58951)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (58952)

Sec. 601.004. PERSON ELECTED TO UNEXPIRED TERM OF STATE, DISTRICT, COUNTY, OR PRECINCT OFFICE. (58953)(Text)

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. (58954)

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. (58955)

Sec. 601.005. GOVERNOR TO COMMISSION STATE OR COUNTY OFFICERS. (58956)(Text)

(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. (58957)

(b) The secretary of state shall perform ministerial duties incidental to administer this section. (58958)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (58959)

Sec. 601.006. CERTIFIED STATEMENT OF PERSONS ELECTED TO COUNTY OR PRECINCT OFFICES. (58960)(Text)

(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: (58961)

(1) the name of the person; (58962)

(2) the office to which the person was elected; and (58963)

(3) the date the person qualified for the office. (58964)

(b) The secretary of state shall prescribe necessary forms for the statement and instructions for delivery of the statement. (58965)

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. (58966)

Sec. 601.007. EVIDENCE OF QUALIFICATION FOR OFFICE. (58967)(Text)

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: (58968)

(1) the certificate of election or of appointment to the office that is required by law to be issued to the officer; or (58969)

(2) a certified copy of the judgment or decree that: (58970)

(A) was issued by a court of competent jurisdiction; and (58971)

(B) determined the officer's claim to the office. (58972)

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