TUBE AITORNEI- GENEP~AH,
. OF TEXAS
. AUSTIN. T-s 78711
October 3, 1975
The Honorable M. L. Brockette Opinion No. H- 706
Commissioner of Education
Texas Education Agency Re: Constitutionality of Acts 1975,
201 East Eleventh Street 64th Leg., ch. 652, p. 1969 abolish-
Austin, Texas 78701 ing the office of County Executive
School Secretary in certain counties.
Dear Dr. Brockette:
You have requested our opinion concerhing the constitutionality of Acts 1975,
64th Leg. , ch. 652, p. 1969 of the 64th Legislature. The Bill amends article
2688i-2, V. T. C. S., by abolishing the office of County Executive School Secretary
in counties having a population between 95, 000 and 97, 500 inclusive, according to
the lasf federal census. The duties of the office are transferred to the County
Judge.
The office of County Superintendent is provided for, generally, by article
2688, V. T. C. S. It has been abolished in many counties. Cf. V. T. C. S. arts.
2688d, 2688e, 2688f, et seq. In 1967 the Legislature adopgwhat is codified as
article 2688i-2 (Acts 1967, 60th Leg., ch. 493, p. 1112). It provided that in
counties having a population of not less than 86,472 nor +br:e than 86, 500
“according to the last preceding federal census, ” which was in 1960, the duties
theretofore performed by school superintendtints would be performed by the County
Executive School Secretary. Apparently this Act was never challenged as a
special or local law.
However, with the taking of the federal census in 1970, any counties within
the bracket of article 2688i-2 in 1960, no longer were. See City of Fort Worth v.
Bobbit 36 S. W. 2d 470 (Tex. Sup. 1931). So far as we can determine, in 1970,
there was no county to which article 2688i-2 applied. Thus, the portion of Acts
1975, 64th Leg., ch. 652, p. 1969 which would abolish the office is therefore with-
out effect.
In addition, general law provides that where no County Superintendent has
been elected or appointed, the County Judge shall be ex officio County Superinten-
dent and perform all the duties required of that office. Education Code $ 17.47.
p. 3051
The Honorable M. L. Brockette - page two (H-706)
Since there was no office of County Executive School Secretary in any Texas
county and since the duties of that office have by law already been transferred to the
County Judge, we can at present perceive no effect from Acts 1975, 64th Leg. ,
ch. 652, p. 1969. Accordingly, it is unnecessary to address its constitutionality.
But see e. g. ,Attorney General Opinion H-8( 1973).
SUMMARY
The 1975 amendment to article 26881-2,
V. T. C. S., has no effect.
PROVED:
‘iFFt Assistant
7
EATH, Chaiz
Opinion Committee
jad:
p. 3052