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‘Untitled Texas Attorney General Opinion
Combined Opinion