Untitled Texas Attorney General Opinion ( 1984 )

The Attorney General of Texas
Dccambcr 20. 1904
JIM MATTOX
Attorney General
suprome Court Bullding Donorable Tmmy Y. Wallace Opinion Do. .Df-277
P. 0. Box 12548 Criminal District IStormy
Austin. TX. 78711.2549 Van Zandt County Cmrthouse Re: Whether a constahlo who
51214752501 Canton, Texan 751c3 has been appointed to fill a
Telex SlofS7&13S7
vacancy is authorized to call
Telecopier 5121475tJ288
a meeting of a county griev-
ance cosmlttee
714 .J1EkSO”. SUIP 700
Dallrr. TX. 7S2o2JsoB Dear Dr. Wallace:
214l742-BB44
You have ask44 whether the phrase “elected county or precinct
4S24 *,beft* Ave., s!Ne led officer” as used in sectfon 2(e) of article 3912K. V.T.C.S.. includes
El P4s.a TX. 7SBOS.2793 a county constable ,who has been appointed to fill the vacancy left by
915633-3484 an elected constab:le who has been temporarily suspended from office by
the district court. Article 3912K. section 2(e) provides:
a1 Texas. suite 7M)
Houston. TX. 77002.3111 Any elected county or precinct officer who is
713J223aSB aggrievei by the setting of his salary or personal
expenses may within 5 days of his notification
request a hearing before the salary grievance
SW Broadway. Suite 312
colmllittec. . . .
Lubbock. TX. 79401-347s
SOSl747-5238
We conclude that article 3912K. section 2(e) applies equally to anyone
vho holds the offi,ze of constable whether he has been elected in a
43z4 N. Tenth. Suite B general election or appointed to fill a vacancy.
McAllen. TX. 7SSol~lea5
512mS2-4517
In general, nt:atutory language ~311 be construed to give effect
to the legislot.lw Intent. National Surety Corp. v. Ladd, 115 S.U.Zd
2CQ Main Plaza. Suite 400 600, 603 (Tex. 1938). When necessary to fulfill the IeKislative
San Antonio. TX. 78205-2797
intent and to effectuate the legislative purpose, the meaning of words
512f225-4191
vi11 be extended beyond or restrdcted within their natural import.
Lunsford v. City of -Bryan. 297 S.W.2d 115. 117 (Tex. 1957); Cit of
A” Equal OppOrtWWyl Mason v. Went Texas Utilities Company, 237 S.W.2d 273, 27**
Attirmative Action EmPlOW 1951). It is our opinion that it would not comport with the
legislative lntenl: behind article 3912K to construe the language of
the statute litera,lly, thereby distinguishing constables vho have been
elected to offiw from those vho have been appointed to fill
vacancies.
In Attorney Ctmeral Oploion MW-111 (lYi9). this office dlscussed
the status of a person appointed to the constitutional office of
sheriff to fill an unexpired term. The question addressed in the
ltoaorablo Tosmy Y. Wallace - lhse Z+~J&277)
opinion concerned the applicdbility of article 4413(29aa). V.T.C.S. to
:I sheriff appointee. Article 4513(29ae) creetcd the Corission on Law
l?nforcsment Officer Stsndartls and Education vhich sets standards for
law enfnrcsment officers ia the state. The provisions of article
4413(29aa) are qualified by the specific exemption found in section
6(f):
Nothing herein shol.1 be ~construed . . . to affect
‘any sheriff , cowtable or other lav enforcement
officer elected under the provislons of the
Constitution of the State of Texas.
In Attorney General Opluion Mu-111 (1979). this office construed
section 6(f) to exempt from certification those persons occupying
constitutional law enforcement offices. The opinion concluded that
because the constitutional office itself vas excepted from article
4413!?9aa), it was immaterf.al that a person held the position by
appointment rather than by popular election, despite the literal
language of the provision ff.. both elected and appointed sheriffs
are exempted. The opinion ,reasoned as follws:
[Ilf the statute were construed otherwise. the
requirements of the statute would constitute
qualifications for the office. There would be one
set of qualifications for the office if occupied
by an appointee, and another set for it If
occupied by a pcrs.on popularly elected to it.
Attorney Crneral Opinion MR-111 (1979).
Analogously, we conc:lude that the phrase “elected county or
precinct off ice? as used in article 3912K must he construed broadly
to refer to the elected o:Fl’ice itself; anyone holding the offke of
constable may request a hearing before the grievance committee
regardless of the manner by vhich the constable attained his office.
SUMMARY
A constable nay request a hearing hefore a
salary grievance committee pursuant to article
3912K. V.T.C.S., whether he has been elected or
appointed to his office.
JIN MATTOX
Attorney General of Texas
Honorable tm Y. Usllrce a. P8ge 3 (a-277)
TCH GREEN
First Araistant Attorney Cawral
DAVID R. RICHARDS
Executive Assistnnt Attorne:r General
RlCK CILPIN
Chairman. Opiniqn Comittee
Prepared by Rick Gilpin
Assistmt Attorney General
APPROVED:
OPINIONCOMMITTEE
Rick Gll.pin. Chairman
Colin Carl
Susan Garrison
Tony Guillory
Jim Hoellinger
Jennifer Riggs