The Attorney’ General of Texas
Jmuary 15. 1986
JIM MATTOX
Attorney General
T4,.s (g ph~-o~
s~pwne CourtBuilding RoMrAble Tim Rod$;c.rs Opinion No. m-422
P. 0. BOX m4a Wise County Audito!
*ustIn. TX. 78711- 254a P. 0. Box 899 Rc: nether the offices of constable
SW4752K)l
Decatur, TexAs ;‘6234 And city marshal, And the OffiCaS of
TeIaX 91olB7Ll367
Talecopier 31214750266
justice of the peACA And QnmiCipal
judge. ere incompatible; And related
matters
714 h3cson. Suite 700
Da~m. T7.. 75202.4506
DeAr Hr. Rodgers:
214f742-8944
You Ask:
41J24Albwta Ave.. Suite 1W
El P,so, TX. 799052793 1. Wether A person Appointed chief of police
91Y5334a
in A city wIthIn the county con cllso serve simul-
taneous!.y AS the elected ConstAbble of A precinct
,001 Texas, Suite 700 in which the city is located;
“ovrton. TX. 77002-3111
7?3’222-5886 2. Vhether A person elected justice of the
pAACe iI1 thr pTACitlCt CAn SAX-VA SiSNltAneOUSly AS
606 Broadway. Suite 312
parttiw appointed magistrate for the city; And
L”~c+ck. TX. 79401.3479
lxw747.5238 3. Whether either situation would present A
risk of increased liability on the past of the
county.
4x39 N. Tentn. Suite B
MCN.“. TX. 78501~lS85
SWSS2.4547 You advise t1a.t A eun llActed constable in 1982 WAS hired in 1984
by A gcnersl law city located within the precinct as its chief of
police. The comti.ssioners court thereupon declared the office of
200 bin Plaza. Suite 400
constable VACAOt. Thereafter, the man YAS Again elected constable of
San A”,O”lO. TX. 762052797
the precinct, but the commissioners court has refused to certify Xs
51212254191
most recent elcct!.on or to approve his bond.
An Equal Opportunltyl A single ind:lviduAl may not simulr~neously hold two incompatibLe
Affirmative Action Employer offices. “Incompat.ibility” is to be distinguishcd from A “conflict of
intCreSt.” As saLd. in Attorney General Opinion JM-172 (198&l:
Ordirra.rily , A mere ’conflict of interest’
!&, 21 conflict created by chr private pecuniary
interest: of a public officer or employee) will not
make a pcrson legally ineligible for a public
office Untitled Texas Attorney General Opinion
Combined Opinion