OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable C. 0. Uurd~och
County Attorney
menartl County
mwlara, Texae
Dear Sir:
r a8 follower
J Judge pmoerd with offiotal
wearing n4w off~oerr, and ap-
bonds, after he haa taken
e and after he has execute& hi8
boga but before he ham ba hi8 bona 8pprored
by the Commierioaer8 Court?
*This queetioa has been rai84d by the out
gOhg bOUnty dUdgA, And it if3 my OpiniAn that
th4 provlaion in respect to hating tbe bond of
Honorable C. 0. Hurdooh, Pege 2
the County Judge approved la dlreotory ana
not man8atoq And that the bounty Judge ray
begin ofilolai duties uaaor the oondltlonr
ret forth abole, providing that ,hle bona la
approrea on the day his tern be@aa by the
n4 wGo lul lr lo ner Clourt
r . I bear 8y oplnloa
upon the statute, largely, Artiola 1928, ClV.
Btatutea, vol. 4, page 422, whioh reAdI a8
f ollowa:
a +4 ’
l*
ePlaaae glre me your opinion at your
earliest oonren~anoe; if it %a contrary 00
nine, there may be a rather OOiBQliOAted rltua-
tion existing hero; and 1 may hava to requal-
ify, for I wae sworn in by our sew oouatr
Judge; and I Undarrtand that one of the $om-
~laaioaere we11 aworn in oad had hla bona, ap-
prored by the new oounty Judge, and then he
served to approve the bond of the new oounty
Judge. n
For the purposes of this oplalon we are not paarlng
upon the question of vhethor or not the oiilolal bond of the
oountf Judge muat ?m approved by the ooaaalaaionera~ oourt be-
iore he ia quallflaa as oounty uage but under the fsotr stated
abave, the offioer in question (lo&y Judge) war at least an
ofiioer de taoto. An oiiioer de facto has been broadly aeflaea
AS one who has the reputation of bring the otfioer he aaaumea to
be, also as one who, under color of right, entere into the poa-
eesalon OS an offloe and exerolaer the Suaotlona thereof, or who
exerolaea the duties of the oifloe under the oolor of A known
Aad valid appolntnent or electioni but frlla to oonform to some
preoedent requirement or OondltlOn, a8 to take an oath, give a
bond, or the like. Numerous other deflnltlona alrllar In import,
are to be found in the books, (l;u$le t. Olenroee Xndepenuent
School Dletrlot SO S. W. (2d) S7S* Wartln V. Grandview Independ-
ent School DiatLlot, 2W S. N. 807j,
Insofar AS third person8 are ooaoerned, the rights
and llabllitler of the de faoto offloer are the same ae those
of an ofiloer de Jure. (Texas Jurlaprud.enoe, Vol. 34, p. 628,
and authorltlcs olted therein.)
The offlola aot6 of a de faoto ofitber are Valid
Honorable 0. 0. krdooh, Page s
fmf?r as the rubllo or~third persona are oono)mail, +a tholr
t3w ralldlty may not be oollaterally queatloae~. ITexas Jurla.,
p..,‘. VOX. 34, Q. 829, And AUthOrltieS cite& therein).
In view of the foregoing authorities nnU under the
above ltrite&faota, pour question is reapeotfully anawarad in
the afflrmtlve.
%uating that the foregoing fully answera your in-
quiry, we are
x,w~~
Ax'dellWillla~
Aaditaat
AW:R0
AFFROVED3At?
14, 1941
ATTORNEY
GFXERALOF TPXAS