Sec.
§
35.010
Action in name of State against public officer, association or usurper of public office or franchise.
A civil action may be brought in the name of the State:
1.
Against a person who usurps, intrudes into, or unlawfully holds or exercises, a public office, civil or military, except the office of Assemblyman, Assemblywoman or State Senator, or a franchise, within this state, or an officer in a corporation created by the authority of this state.
2.
Against a public officer, civil or military, except the office of Assemblyman, Assemblywoman or State Senator, who does or suffers an act which, by the provisions of law, works a forfeiture of the office.
3.
Against an association of persons who act as a corporation within this state without being legally incorporated.