OFFICE OF THE AlTORNEY GENERAL OF TEXAS
AUSTIN
Honorable F. T. Graham
County Attorney
Cameron County
Brovnsvllle, Texas
Dear Sir: Opinion c---f\
o. O-5302
floes at the same
1943, requesting the
opinion of this de ng QuestionaI
Judge qualify
s office as
duly qualified Deputy District
otary Public vithout vacating
tg Dlstriat Clerk?
B duly qualified Deputy Tax Aueesu-
ualif’y as Botary Publia vithout vacat-
lng his office aa Deputy Tax Aasessor-Collector4n
We ausver your first and fourth questions In the af-
f irmative. Your second and third questions am answered in the
negative.
On dune 1, 1927, this department held, in an opinion
written by Honorable H, Grady Chandler, Assistant Attorney
834
Honorable F. T. Graham, page 2
General, that a county judge is not dlsquallfled from holding
the offices of county judge and notary public at the same time.
That opinion further states:
"In opinion Ro. 178, rendered by this Depart-
ment on January 10, 1513, it nas held that the of-
fices of dlstrlct clerk and county clerk and notary
public are incompatible; and, therefore, no one
person could hold both at the same time. The opin-
ion does not state any reason why these offices
are incompatible. . . ."
“It .ls stated in Texas Jurisprudence,Volume
31, page 345, Vunaer the constitutional lnhlbltlon
against the holding of two Incompatible offices by
one person, a notary 1s disqualified upon accept-
ing the office of a county clerk, although it har
k;;.l$d that a county attorney may be a notary
This department has repeatedly held that the offloes
of county olerk, deputy county clerk, aietriat clerk and deputy
district clerk are incompatible vith the office of notary pub-
lic ana that a person holding one of said offices canuot at the
same time hold the offloe of notary public.
In Opinion Ilo. O-33 this department held:
0
you are respectfully aavieea that it
Is the'o;lLon of this department that the Tax As-
sessor-collector and his deputies are not prohiblt-
ed br law Proln holding the office of Notary Public
vhlle holding their offices of Tax Assessor-Collect-
or or as deputies of such office.”
We enclose herewith copies of opinion #OS. O-33 and
O-4228.
Yours very truly