Untitled Texas Attorney General Opinion

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