Arrs~liu 11. TEXAS 

September 21, 1961 

Honorable James A.. Doherty Cpfnion No. WW-1151 

County Attorney 

San Augustine County Rez Whether a County CommisSan Augustine, Texas sioner 1s authorized to 

announce his candidacy 

or fn fact become a candida'te for the office of 

County Judge without 

Dear Mr. Doherty: 

first resigning his present 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 Democratic party ,pr&nary which 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 

or .Lr! fact become a caridida~te for the 

offlce of County .:udge without first resigning his present office as Commissfoner. 

:The answer to th.is questfon is I*esolved by a provision 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~vlsion reads as 'follows: 

"Frovlie3, however,, if any of the 

,3iiflcere named here!.n SYiS.ll. announce 

5f:ei.r cardidacy, or shall fn fact beco.me a candidate, in any Cener*al, Spec,ial 

OS' Erimary Election, for tc/y office of 

~roflt, or tmat urder the laws of this 

jtate or ,the United Sta.tes other than the 
Honorable James A. Doherty, Page 2 (WW-1151) 

ofFi@? +he? v -Iheld > at any tim.e whe.n the 

unexpired. term of the office then held 

shall exceed me (1) year, such announeement or such candfaacs shall constitute 

an automatic resrgnation of the office 

then held, and the vacancy thereby cseated 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,date in :>eneral, Special, or Fri.mary elections, for 

any office of profit or trust at any time when the unexpired 

term exceeds one year. Such announcement or candfdacy constitutes an automatic resignation of the offMe then held. 

therefore, should Mr. Warr aonounce or become such 

candidate befor:: January 1, 1362, he w0ll.M vacate his present 

office; such ast:lon afte:r January 1, would not encounter the 

c05s~tit~itlocal bagn. 

.-- S U PI M 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, 

to a:nnounce his canc?.idacy or in fagt 

become a cakidate for the office of 

County Judge without rid retaignfng 

lire pPeseTYt Offir,' ~rcwided that a.t 

the 'date of hlfl ancounaement his 

urexplrec? term of offfce "oea not 

er.ceed one 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.