Case Information
*1 The Attorney General of Texas 1984 March 6, JIM MATYOX
Attorney General Telex 9101974~1357 Telecopier 5121475-0256 [51214752501] Supreme Court Building Austin. TX. ?9?11- 2549 P. 0. Box 12549 Honorable Patrick J. Ridley P. 0. Box 474 Bell County Attorney Belton, Texas 76513 county comissioner from office opinion No. JM-132 by filing for candidacy for Re: another office Automatic resignation of Dear Mr. Ridley: 714 Ja~hscm. Suite 7W Dallas. TX. 75202.4506 2141742.8944
You have asked.whether. by reason of article XVI, section 65 of
the Texas Constitution, a county commissioner with more than year of his term remaining, has automatically vacated his office by 4924 Alberta Ave.. Suite 100 applying with a political party to file for election to the board of El Paso. TX. 79905.2793 915/533-3464 directors of a water improvement district, an office~for which he was
ineligible by reason of special circumstances. You have stated, and we will assume, that the commissioner at issue is a land developer and ..d1 Texas. Suite 700 is ineligible for this position under section 50.026 of the Water Hws,on. TX. 77002.311 t Code, which bars land developers from membership on the governing body ?131223-5895 of a water district. It is our opinion that the commissioner has vacated his county position, pursuant to article XVI, section 65 of 606 Broadway. Suite 312 the Texas Constitution, regardless of his ineligibility to hold the Lubbock. TX. 794013479 office for which be has filed. 9061747~5239
A pertinent portion of article XVI, section 65 was approved by 4309 N. Tenth. Suite S the voters In 1958: McAllen. TX. 78501-1695 5121652-4547 Provided, however. if any of the officers named
herein [County officials] shall announce their 200 Main Plaza. Suite 400 candidacy, or shall in fact become a candidate, in San Antonio. TX. 79205.2797 any General, Special or Primary Election for any 5121225-4191 office of profit or trust under the laws of this
State or the United States other than the office then held, at any time when the unexpired term of An Equal Opportunity/ the office then held shall exceed one (1) year, Affirmative Action Employer
such announcement or such candidacy shall constitute automatic resignation of the office then held, and the vacany thereby created shall be filled pursuant to law in the same manner as other vacancies for such office are filled. r
Section 65 does not violate the equal protection clause of the federal Constitution. Clements v. Fashing, 102 S.Ct. 2836 (1982). A *2 Honorable Patrick J. Ridley - Page 2 (JM-132)
-\ comparable provision applies to municipalities. Cf. Tex. Const.. art. - XI. 011.
The position of water district board director is unquestionably "office of trust'! under section 65. In an opinion based upon similar facts, this office concluded that a justice of the peace, upon announcing as a candidate for director of a water control and improvement district, automatically resigned his office. when there was more than year remaining in his term. Attorney General Opinion H-767 (1967). Section 65 has also been construed to effect the automatic resignation of a county conxuissioner who seeks election to a school board with more than one year remaining in his term. Ramirez v. Flares. 505 S.W.2d 406 (Tex. Civ. App. - San Antonio 1973, writ ref'd n.r.e.); Attorney General Opinion C-43 (1963).
Under the plain language of article XVI, section 65, one's mere announcement for another office constitutes an automatic resignation. See Attorney General Opinion WW-1253 (1962) (announcement made by press release published in a newspaper). It is irrelevant that the office holder announcing his candidacy for another office is ineligible on other grounds to assuma the position for which he has announced. Therefore, a vacancy in the office of county conmissioner ? presently exists.
SUMMARY A county commissioner who files an application to place his name on the ballot in an election for the directorship of a water district automatically vacates his office if more than one year remains in his term, even though he Is ineligible for the office of water district director.
JIM MATTOX - Attorney General of Texas TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by David Brooks Assistant Attorney General ? *3 Honorable Patrick J. Ridley - Page 3 (JM-132)
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Jon Bible
David Brooks
Colin Carl
Susan Garrison
Jim Moellinger
Nancy Sutton
Bruce Youngblood
p. 561