Untitled Texas Attorney General Opinion ( 1968 )

SenatorJ. H. Blanchard Opinion NO. M-243
Chairman, Nominations Committee
The Senate of the State of Texas Re: Whether under Article 3.04,
Austin, Texas Election Code of Texas, a
precinctschairman of Dallas
County is prohibited~from
serving at the same time
on the Board of Directors
of the Texas Turnpike Au-
Dear Senator Blanchard: thority.
A precinct chairman (and therefore a member pf the
County Executive Committee) in Dallas County, Texas, hctsbeen
nominated by Governor John Connally to serve on the Texas Turn-
,,pikeAuthority Board of Directors, created by Article 6674~. ,
Section 3, Vernon's Civil Statutes. you have requested our
opinion as to whether this nominee may legally serve in both
capacities.
Article 3.04 of the Election Code of Texas, in.part,. _,
provides as follows: .'
I. . . No one shall serve as Chairman
or as member of any district, county or
city executive committee of a political
party . . . who holds any office of profit
or trust, either under the United States
or this State, or any city or town in this
State."
Tex.Const., Section 33, Article XVI, as amended in 1967,
does not aid us in solving the question under consideration since
this constitutional provision applies only to non-elective state
and federal officers or employees. .
The acceptance and qualification as a member of the
Board of Directors of the Texas Turnpike Authority will constitute
an automatic resignation or vacation of the office of precinct
chairman '(andmember of the.County Executive Committee) of a
political party. Pruitt v. Glen Rose School District, 126 Tex.
45. 84 S.W.2d 1004 (1935); State v. Brinkerhoff, 66 Tex. 45. 17
S.W. 109 (1886), 47 Tex.Jur.2d 42, PublicOfficers, S28.
We answer your inquiry in the negative. .
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.’
:
Senator J. Ii.Blanchard, page 2 (M-243)
S UM MA R Y
Acceptance and qualification as a member 1
of the Board of Directors of the Texas Turnpike
Authority will constitute an automatic resigna-
tion or vacation of the office of precinct chair-'
man (and member of the County Executive Committee)
of a political party.
ruly youxs, ,'
-
i
&A.., ':~
. TIN
General of Texas
Prepared by Jack Sparks
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Hawthorne Phillips, Chairman
Kerns Taylor, Co-Chairman
~ Malcolm Quick
..Fbshex...Tyler
Thomas Mack
Joe Clayton
A. J. CARUBBI, JR,
Executive Assistant
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