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A%-rOKSKY C,lcNERAI. November 4, 1970
Honorable Bill McCoy Opinion No. M-718
County Attorney
Ector County Courthouse Re: Whether a County Commis-
Odessa, Texas 79760 sioner has vacated his
office by moving from the
precinct from which he was
elected to office to another
part of the county.
Dear Mr. McCoy:
By recent letter you have requested an opinion from this
office in regard to the above stated matter. We quote from
your letter as follows:
"One of our County Commissioners desires to
move to a new location in the county. This new
location is outside of the precinct in which he
was duly elected as a County Commissioner. My
specific inquiry is this:
"(a) Does this commissioner automatically
vacate his office if and when he moves to this
new location in the county?
"(b) Can he still hold office as commissioner
in the precinct in which he was elected even if he
moves into another precinct in the county?"
Your conclusion is that, based upon an analysis of Harrison
v. Chesshir, 316 S.W.2d 909 (Tex.Civ.App., 1958, rev. on other
grounds, 159 T. 359, 320 S.W.2d 814, 19591, and Whitmarsh v.
Buckley, 324S.W.2d 298 (Tex.Civ.App., 1959 no writ) the Com-
missioner does not vacate his office, and thus may elect to
continue to serve the remainder of his present term.
We agree.
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Hon. Bill McCoy, page 2 (M-718)
A County Commissioner is a county officer, elected to
represent the interest of the county, and does not automatically
vacate his office by moving to another part of the county outside
the precinct from which he was elected. Childress County v. Sachse,
158 Tex. 271, 312 S.W.2d 380 (1958); Whitmarsh v. Buckley, 324 S.W.Zd
298 (Tex.Civ.App., 1959, no writ); Attorney General's Opinion No.
O-6905 (1945).
SUMMARY
A County Commissioner does not vacate his
office automatically just because he moves
his residence to another part of the county, and
said Commissioner may continue to serve his term.
General of Texas
Prepared by James C. McCoy
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Bob Lattimore
John Banks
Gordon Cass
Harold Kennedy
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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