The Attorney General of Texas
November 9, 1977
JOHN L. HILL
Attorney General
9uPmn-m coun 0w!4np Honorable Robert A. Sone Opinion No. H- 1088
P.O. Box 12549
Aumhl. 7x. 79711
Attorney at Law
512479.2901 County Courthouse Re: Whether a county
Leakey, Texas 70073 may combine justice
precincts so there are
only two justice pre-
Dear Mr. Sone: cincts in the county.
You have requested our opinion as to whether a
county may combine its justice precincts so that there
are only two justice precincts in the county. You state
that, at present, Real County has only two justices of
the peace for its four precincts.
Article 5, section 18 of the Texas Constitution pro-
vides, in pertinent part:
Each organized county in the State now or
hereafter existing, shall be divided from
time to time, for the convenience of the
people, into precincts, not less than four
and not more than eight . . . . In each
such precinct there shall be electedone
Justice of the Peace and one Constable. . . .
(Emphasis added). The constitutional requirement regarding
the minimum number of precincts Is clear, and, as we Ob-
served in Attorney General Opinion H-32 (1973), with respect
to another portion of article 5, section 18:
This provision leaves no room for inter-
pretation and it must be obeyed. There
must be one commissioner from each of
four precincts, elected by the voters of
each precinct.
Id. at 1. See Williams v. Castleman, 247 S.W. 263, 267 (Tex.
1922)~ StatGx rel. Dowlen v. Rigsby. 43 S.W. 271, 273 (Tex.
Civ. Ape.), writ ref'd, 43 S.W. 1101 (Tex. 1897). Thus,
p. 4467
Honorable Robert A. Sone - Page 2 (H-1088)
in our opinion, a county must maintain a minimum of four
justice precincts.
Furthermore, article 5, section 18 also requires that a
justice of the peace "shall be elected" in each precinct. In
the event of a vacancy in the office, article 5, section 28
directs that it "shall be filled by the Commissioners Court
until the next succeeding General Election."
SUMMARY
A county may not combine its justice pre-
cincts so that there are only two justice
precincts in the county.
Xery truly yours,
Attorney General of Texas
APPROVED:
DALL, First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
jst
p. 4468