January 20, 1976
The Honorable Richard R. Gonzales Opinion No. H-767
County Attorney
County of Jim Hoqq Re:~ Whether a justice
Hebbronville; Texas 78361 of the peace reeiqns
his office on announcing
his candidacy for a
second office.
Dear Mr. Gonzales:
you have aeked that we render a formal opinion on the
following questibn,:
If a Justice of the Peace who has more
than one 'year remaining of his unexpired
term announce6 his candidacy for office
as Director of the Water Control and
Improvement Dietrict in the same County
doe8 such candidacy constitute an
automatic resignation of the office of
Juetice of the Peace?
Article 16, section 65 of the Texas Constitution provides
in relevant ,part:
Staggering Terms of Office - The following
officers elected at the General Election
in November, 1954, and thereafter, shall
serve for the full terms provided in
this Constitution:
. . .
(j) Justices of the Peace.
. . *
p. 3238
The Honorable Richard R. Gonzales - page 2 ~(H-767)
Provided, however, if any of ~the
officer8 named herein shall announce
their candidacy, or shall in fact became
a candidate, in any General, Special or
Primary Election, for any office of
profit or trust under the laws of this
State or the United States other than
the office then held, at any time when
the unexpired term of the office then
held shall exceed one (1) year, such
announcement or such candidacy shall
constitute an automatic resignation of
the office then held, and the vacancy~
thereby created shall be filled pursuant
to,law in the same manner as other
vacancies for such office are filled.
A director of a water control and improvement district
must meet certain qualifications (Water Code 6 51.072), is
elected (Water Code S 51.073), is required to take an oath
of office (Water code S 51.078) and is required to execute
a bond (Water Code S 51.079). We believe it is clear that
he occuvies an office of trust under the laws of this
State. -See Willie v. Potts, 377 S.W. 2a 622 (Tex. Sup.
1964). -
Accordingly, under the clear language of the ~Constitu-
tion, a justice of the peace with more than one year remaining
on his term automatically resigns his of.ficean announcing
his candidacy for director of a water control and improvement
district. See Rsmires 5 Flares, 505 S.W.Zd 406 (Tex.Civ.
ILpp.-- SanXitonio73, writef’a n.r.e.1.
SUMMARY
A justice of the peace with an,unexpired
term of more than one year automatically
resigns his office on announcing his
candidacy for director of a water control
and improvement district.
Attorney General of Texas
p. 3239
.
The Honorable Richard R.,Gonzales - page 3 (N-767)
APPROVED:
Opinion Committee
jwb
p. 3240
Untitled Texas Attorney General Opinion
Combined Opinion