Untitled Texas Attorney General Opinion ( 1942 )

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THE A’ITORNEY GENERAL
OF TEXAS
Honorable F. L. &lassie
County Auditor
Wilbarger County
Vernon, Texas
Dear Sir: Opinion No. O-4994
Re: Term of county judge under facts
stated.
Your request for opinion has been received and care-
fully considered by this department. We quote from your request
as follows:
"Judge John Myers county Judge for the
years, 1941-1942, was re-elected for the years
1943-1944, but died August 8th 1942.
"August llth, the Executive committee named
0.0. McCurdg as democratic nominee for the Novem-
ber Election, at which time he was elected.
"On August 8th, 1942, the Commissioners
Court appointed Marvin C. Culbertson, County
Judge to fill out the unexpired term of John
Myers.
"The question has arisen as to the date of
Explration of the term of Marvin C. Culbertson.
"Please let me have your opinion on this
point at your earliest convenience."
Section 28, Article V, of our State Constitution, pro-
vides, in part, as follows:
II. . . vacancies In the dfflce of Cpuntg
Judge and justice of the peace shall be filled
by the commissioners court until the next general
election for such offices."
Article 2355, Vernon's Annotated Texas Civil Statutes,
provldes:
"The Court shall have power to fill vacan-
Honorable F. L. Masale, Page 2 O-4994
cles In the office of: County Judge, County
Clerk, Sheriff, County Attorney, County Treasurer,
County Surveyor, County Hide Inspector, Assessor
of Taxes, Collector of Taxes, Justices of the
Peace, Constables, and County Superintendent of
Public Instruction. Such vacancies shall be filled
by a majority vote of the members of said Court,
present and voting, and the person chosen shall
hold office until the next general election.”
Article 17, Vernon’s Annotated Texas Civil Statutes,
provides :
“After each general election those who are
elected to the various county and precinct of-
fices shall qualify by taking the official oath
and entering upon and assuming the duties of
their respective offices on the first day of
January following the last general election, or
as soon thereafter as possible. Those officers
holding office at said time shall surrender
their offices to their successors accordingly
on said date, or as soon after such date as their
successors shall have qualified and be ready to
assume the duties thereof.”
Article 18; Vernon’s Annotated Texas Civil Statutes,
provides:
“Each officer, whether elected or appoint-
ed under the laws of this State, and each Commls-
sloner, or member of any board or commission
created by the lhws of this State, shall hold
his office for the term provided by law and un-
til his successor is elected or appointed and
qualifies; and each, on retiring from office,
shall deliver to his successor all books, papers,
and documents relating to his office.”
We quote from the court’s opinion In the case of Anderson,
et al., v. Parsley, et al., Tex. Clv. App., writ of error refused,
37 S.W. (2d) 358, as follows:
The Constitution does not provide when the
newly elected commissioners shall take office or
be eligible to take office. Article 17, Rev. Clv.
Statutes of 1925, act of 1921, provides that the
newly elected officers shall take thelr official
oath and enter upon and assume the dutlea of their
respective offices on the 1st day of January fol-
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Honorable F. L. Massle, page 3 O-4994
lowing the last general election, or as soon there-
after as possible. This provision Is well within
the power of the Legislature, and we can see no
reason to sustain the contention that the newly
elected commiasloners, elected in the general elec-
tion of 1930, ought to have been permitted to take
the oath and qualify and enter upon their duties
as commissioners prior to January 1, 1931.'
It is our opinion that the Honorable 0. 0. McCurdy
will be entitled to qualify and take office on or after January
1st, 1943. Of course if Judge McCurdy does not qualify on
JarPlarg lst, 1943, then Judge Culbertson will continue to hold
over until Judge McCurdy qualifies.
Very truly yours
ATTORNEY
GENERALOF TEXAS
By s,&m. J. Fanning
Wm. J. Fanning
Assistant
WJF:db:wc
APPROVEDDEC 3, 1942
s/Gerald C. Mann
ATTORNEYGE%3RAL OF TEXAS
Approved Opinion Committee by s/BWB Chairman