The Attorney General of Texas
January 4, 1982
MARK WHITE
Attorney General
Honorable Lloyd Doggett, Chairman Opinion No.MW-420
Supreme Court Building
P. 0. Box 12546
Senate Subcommittee on Consumer
Austin, TX. 76711 Affairs Re: Nominations for judicial
512/475-2501 Texas State Senate offices created by House Bill
Telex 91O/S74-1367 Austin, Texas 78711 NO. 958 of the Sixty-seventh
Telecopier 51214750266
Legislature
1607 Main St., Suite 1400 Dear Senator Doggett:
Dallas, TX. 75201
2141742-6944 You have requested our opinion regarding recommendations for
certain judicial offices created by House Bill No. 958, Acts 1981,
4624 Alberta Ave.. Suite 160 Sixty-seventh Legislature, chapter 429, at 1841. The statute became
El Paso, TX. 79905 effective September 1, 1981 and provides, in pertinent part:
91515333464
sec. 4. Subchapter C, Judicial Districts Act
1220 Dallas Ave., Suite 202
of 1969, as amended, is amended by adding Sections
Houston, TX. 77002 3.125 and 3.126 to read as follows:
71316500666
Sec. 3.125. The 299th Judicial District,
composed of the County of Travis, is hereby
606 Broadway, Suite 312
Lubbock, TX. 79401
created.
9061747-5236
Sec. 3.126. The 331st Judicial District,
composed of the County of Travis, is hereby
4309 N. Tenth, Suite S
created.
McAllen, TX. 76501
51216624547
.. . .
200 Main Plaza. Suite 400 Sec. 16. Section 2 of this Act takes effect
San Antonio, TX. 76205 on January 1, 1982. Section 3 of this Act takes
512/225-4191
effect on April 1, 1982. Section 4 of this Act
takes effect on September 1, 1982. section 5 of
An Equal Opportunity/ this Act takes effect on January 1, 1983. All
Affirmative Action Emplow other sections of this Act take effect on
September 1, 1981.
Id. at 1843, 1847. The statute thus provides that two new district
courts for Travis County will come into existence on September 1,
1982.
P. 1431
Honorable Lloyd Doggett - Page 2 (MW-420)
Since the new courts will come into existence on September 1,
1982, a date prior to the general election of 1982 but subsequent to
the primary elections which select the nominees, you inquire as to the
proper method of selecting individuals to fill these offices.
Section 6.001 of article 199a. V.T.C.S., provides, in pertinent
part:
When a judicial district is created by this Act or
by amendment to this Act, the Governor shall
appoint a qualified person to the office of
district judge, who shall serve until the next
succeeding general election and until his
successor is elected and has qualified....
(Emphasis added).
This statute clearly provides that an appointed person shall
serve only until the next succeeding general election. The two
positions in question must therefore appear on the ballot of this
election, together with the printed names of the nominees selected by
party primary in the manner and at the time specified in the Texas
Election Code. As stated above, House Bill No. 958 became effective
September 1, 1981, and the amended statute, article 199a, section
6.001, is notice that appointees to the newly created court could
serve no longer than the general election following their appointment.
Necessarily the statutes contemplate the party primary selection of
party nominees whose names would appear on the next succeeding general
election ballot.
SUMMARY
The positions of judge of the 299th and 331st
district courts must appear on the November 1982
general election ballot, and candidates for those
positions may be selected by party primary held as
specified in the Texas Election Code.
%?g
WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
P. 1432
Honorable Lloyd Doggett - Page 3 (MW-420)
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Rick Gilpin
Jim Moellinger
P. 1433