Untitled Texas Attorney General Opinion ( 1975 )

TW~EATNBRNEYGENERAL
OPm:XAS
AUS-I'IN. TEXAS 78711
The Honorable M. L. Brockette Opinion No. H- 633
Commissioner of Education
Texas Education Agency Re: The procedure to be
201 East Eleventh Street followed in filling the office
Austin, Texas 78701 of county school superintendent
when a vacancy in this office
occurs.
Dear Mr. Brockette:
You have requested our opi,nion as to the filling of the position of
County School Superintendent in Palo Pinto County where no one was elected
to the office at the last election.
You inform us that:
The last duly elected County School Superintendent
of Palo Pinto County resigned his position in 1972.
His administrative assistant was appointed to take
care of the office until a new superintendent could
be elected. No one ran for the office nor qualified
in the primaries, so no candidate was certified on
the November 1972 or 1974 General Ballot. No
el.ection has been held in Pal.0 Pinto County to
abo:lish the el.ective office of county superintendent.
You ask:
Does the County Judge of Palo Pinto County succeed
to t:he vacant position as ex officio county superintendent
- - or does 1:h.zCommissioners Court appoint a qualified
person to fill the position -- until the next general election?
Article 17. 47, Texas Education Code provides:
In any county in which no county superintendent has been
p. 2794
.
The Honorable M. L. Brockette - Page 2 (H-633)
elected or appointed, the county judge shall be ex officio
county superintendent and shall perform all the duties re-
quired of that office
However, this office has previously held that article 17. 47 applies only
where the office of county school superintendent has never been created in a
county or where the office, once established, has been abolished by an election
held in accordance with the procedures established by article 17.64, Texas Educ.
Code. That opinion held that where the office of superintendent is still in ex-
istence, as is the case in Palo Pinto County, the county judge may not assume
the position of ex officio superintendent. Attorney General Opinion M-733
(1970).
Accordingly, where the office of county superintendent is still existent,
a vacancy in the office should be filled by the commissioners court under the
authority of article 2355, V. T. C. S.
SUMMARY
Where the office of county school superintendent has
been created and is still in existence, the county judge
may not assume the duties of the superintendent when
a vacancy in the office occurs. The vacancy should be
filled by the commissioners court of the county.
Very truly yours,
alrman
Opinion Committee
jad
po 2795