Untitled Texas Attorney General Opinion

OFFICE OF THE A-ITORNEY GENERAL OF TEXAS AUSTIN Honorable Luther c. Johnston County kttorney hnderson County PalestIne, Tfu4s Dear Slra Opinion Eo. O-1716 Re: Right OS the aounty Judge to Vote as ,a~-4qmber. of the aoun- ty oonqnlsalozieers court. aomnl5sionera~ aourt, en there are eaent , Inaluding te for 4 pro- raula~loflers ah4km4n or at all tlmss duet queatlonn you dsalre t43know has the right to vote at all of the aoada 6Iomra~ court. Texar Co~%tItutlon Ioh there shall be eleotsd by the qualified voters thereof one countiy OOmmissiOner, ti0 8heu. bold hi8 offlae r0r two years and u11- tIl hIa euaaeaaor shall be eleated and qualified. the county aomnissloners so chosen, with the awn- tY Judee, UB presiding officer, shall conpoae the ?lon.Luther C. Johnaton, isce 2 County CommIssIonera Court, which ahull exer- cise such powers und jurlsdlctlon over all county business, as Is conferred by thic con- stitution and the laws of the State, or 2s may be hereafter presorIbed.w .irtlolen2342 and 2343 of Vernon's Clvll Statutes reads as followa: ‘Art. 2342. The s everol commIssIoners, to@ther with the county judi(e,shall compose the "CommIasionera Court," tindthe county judae, When present, shall be the presldln(: officer of saId court." w.u%. 2343.Any three members of the Said OOUrt, inchding tho comty jud@, ahall constitute a quorum fbr the transaction of any business, except that of levyInS n countytsx." Vi0refer you to an opinion of the honorable ii.V. 3aYfdBon, Attorney General of Texas, dated July 7, 1905, to George T. Todd, Jefferson, Texas, which passed :.!r. upon the question of what constituted a quorum of the cammIssioners court, and the right of the oounty judge to rote upon his suooessor, when the fasts showed the oounty judge had re- signed but his resignation had not been acoepted. ThIS oplnlon holds that the resignation of the county JuQe 16 ndt effective until accepted and his suooeasor Is qualified; thct the county judge has 4 right to vote; that the oounty judge and two coumksaloners constitute 4 g~orum except as to levying a tax; ahd that the county judge can vote upon his suaoessor. .knexaerpt from this opinion reads: *You are, therefore, respectfully edrised that, notwithstanding the county judge of your county has tendered hla resignation aa county ju&e, end In the law, he continues In office and Is not released from his dUtie6 and respon- s1blllties until1u suooessor is appOinted und suallfled. Therefore, he and two of the wrrmcls- iloners constitute a quorum of the wmmjsnioners! court for the purpose of oppolntlne:hissuccessor , Xon . Luther C. Zohnston, i‘