¶1This is a conviction for violating the drunk driving statute. Art. 802, Vernon’s P. C.
¶2The record affirmatively reflects that the regular judge of county court of Grimes County, in which court this case was filed and pending, recused himself from sitting as judge therein and that the parties agreed that Judge A. S. Ware, County Judge of Brazos County, might sit as special judge in the trial of the case.
¶3Judge Ware did try the case, overruled the motion for new trial, and rendered the judgment herein.
¶4One of the grounds asserted in the motion for new trial was that the special judge had not taken the prescribed oath of office and same was not of record in the court.
¶5This allegation does not appear to be disputed. The record before us contains no such oath of office.
¶6There is no question but that where a case is tried by a special judge the record must affirmatively reflect that such judge took the oath of office, as prescribed by the Constitution. This is true when the parties agree as to who shall act as special judge. Arts. 555 and 556, Vernon’s C. C. P. Woodland v. State, 148 Tex. Cr. R. 47, 184 S. W. 2d 623; Davis v. State, 157 Tex. Cr. Rep. 146, 247 S. W. 2d 392; Blackburn v. State, 149 Tex. Cr. R. 197, 192 S. W. 2d 888.
¶7While it is true that under the Constitution (Art. 5, Sec. 11) and the statute (Art. 200a, Vernon’s A. C. S.), district judges may exchange benches- and hold court for' eách other, no such authority exists authorizing county judges to do so. Moreover, when a district judge exchanges bench or'holds court for *132another district judge, he does so not as a special judge but as a district judge sitting for another.
¶8Here, Judge Ware did not purport to act or sit as judge of the county court of Brazos County, but, rather, as a ■ special judge. A special judge has no authority to act until he has taken the oath of office. Until he has taken such oath, his acts are a nullity.
¶9Because of the failure of the special judge to take and to subscribe the oath of office, this judgment must be and is reversed and the cause remanded.
¶10Opinion approved by the court.
¶11ON STATE’S MOTION FOR REHEARING.
¶12The state has filed a motion for rehearing and the record has been corrected by supplemental transcript setting out the minutes of the court showing that the special judge took the oath required by law. The judgment recites that such oath was taken before the case proceeded to trial.
¶13No statement of facts is found in the record and as corrected the proceedings appear to be regular.
¶14The state’s motion for rehearing is granted, the order of reversal is set aside, and the judgment is now affirmed.