Arrs~liu 11. TEXAS
September 21, 1961
Honorable James A..Doherty Cpfnion No. WW-1151
County Attorney
San Augustine County Rez Whether a County Commis-
San Augustine, Texas sioner 1s authorized to
announce his candidacy
or fn fact become a can-
dida'tefor the office of
County Judge without
first resigning his pre-
Dear Mr. Doherty: sent office as Commissioner.
Your request for an opinion states that Commfssloner
E. H.~WarrS Frecinct 2, San Augustine County, wants to become
a candidate for the office of County Judge fn the next Demo-
cratic party ,pr&narywhich is to be held on the ffrst Saturday
in May, 1962. You state further that he was last elected as
Commissioner in the November 1958 General Election, and his
present term expires on .December 31, 1562. In view of the
foregoing circumstances you ask:
Whether County Commissioner E. Hz.Warrp
is authorized %o announce la33 za,ndidacy
fact become a caridida~te for the
or .Lr!
offlce of County .:udgewithout first re-
signing his present office as Commis-
sfoner.
:Theanswer to th.isquestfon is I*esolvedby a pro-
vision sn Sectfon 65 of Artfcle XVI of the Texas Conetitution,
which was added by an amendment proposed by the Legislature in
1957 a:33 adopted in 1.958. Thf8 pro~vlsionreads as 'follows:
"Frovlie3, however,,if any of the
,3iiflcere
named here!.nSYiS.ll.
announce
5f:ei.r
cardidacy, or shall fn fact be-
co.mea candidate, in any Cener*al,Spec,ial
OS'Erimary Election, for tc/yoffice of
~roflt,or tmat urder the laws of this
jtate or ,theUnited Sta.tesother than the
Honorable James A. Doherty, Page 2 (WW-1151)
ofFi@? +he?
v -I held > at any tim.ewhe.nthe
unexpired.term of the office then held
shall exceed me (1) year, such announee-
ment or such candfaacs shall constitute
an automatic resrgnation of the office
then held, and the vacancy thereby cseat-
ed shall be fflled pursuant to law In the
came manner as other vacancies for such
offiw are f’iLle?.” (Emphasis added)
This amendment forbi5s certain named officials,
including County Commissioners, from announcing OP becomfng
a candl,datein :>eneral,Special, or Fri.maryelections, for
any office of profit or trust at any time when the unexpired
term exceeds one year. Such announcement or candfdacy con-
stitutes an automatic resignation of the offMe then held.
therefore, should Mr. Warr aonounce or become such
candidate befor::January 1, 1362, he w0ll.Mvacate his present
office; such ast:lonafte:rJanuary 1, would not encounter the
c05s~tit~itlocal bagn.
S U PIM A R Y
.--
A cmnty Commissioner is authorized
by Sec:t:i~r,
65, Article XVI of the
TexaH ~onst-itution,as amen?ea ig58,
or in fagt
to a:nnouncehis canc?.idacy
become a cakidate for the office of
County Judge without rid retaignfng
lirepPeseTYtOffir,'~rcwided that a.t
the 'dateof hlflancounaement his
urexplrec?term of offfce "oea not
er.ceedone year.
Youra very truly,
WILL WILSCN
Attorney General of Texas
1Rwjr:lgh:mm
r ’
Honorable James A. Doherty, Page 3 (WW-1151)
APPROVED:
OPINION COMMITTEE:
W. V, Geppert, Chairman
Henry G. Braswell
Joe B. McMaster
H. Grady Chandler
Wm. R. Hemphlll
REVIEWED FOR ?RE ATTORNEY GENERAL
BY: Houghton Brownlee, Jr.
Untitled Texas Attorney General Opinion
Combined Opinion