Mr. Darrell G. Lochte 

County Attorney 

Kerrvllle, Texas 

Opinion No. WW-1449 

Re: Qualifications of Agreed 

Dear 

with 

fied 

Supervisors under Article 

3.06, Vernon's Texas ElecMr. Lochte: tion Code. 

You ask whether agreed supervisors selected in accordance 

Article 3.06 of Vernon's Texas Election Code must be qualivoters of the election precinct in which they may serve 

as well as qualified voters of the county. 

Our answer Is that such agreed supervisors must be 

qualified voters of the county but they are not required to 

be qualified voters of the election precinct in which they 

may serve. 

Article 3.06 of the Election Code, in Its pertinent 

portion, reads as follows: 

"Any five (5) or one-fifth (l/5) of 

the candidates, whichever is less, whose 

names appear on the official ballot of 

any general, special, or primary election, 

on the day preceding the election or prior 

thereto may agree in writing signed by 

them upon two (2) supervisors who, when 

selected, shall be sworn as election offlcers. Said supervisors shall be. qualified voters of the county in which they 

may serve as such supervisors, . . ." 

The requirements of this Article 3.06 are clear and 

would be without question, except for the general requirement 

of Article 3.03 of this Code. The pertinent portion of this 

latter Article Is: 

"All supervisors, judges and clerks 

of any general or primary election shall 

be qualified voters of the election precinct in which they are named to serve. 11 

. . . 

The following principle of law is well established,and 

is applicable and determinative in this situation. 
Mr. Darrell G. Lochte, Page 2 Opinion No. WW-1449 

.The general rule is that when 

the iaw makes a general provision, wparently for all cases, and a special 

provision for a particular class, the 

general must yield to the special in so 

far as the particular class is concerned. 

Perez v. Perez, 59 Tex. 322. This rule 

is based upon the principle that all acts 

and parts thereof must stand, if possible, 

each occupying its proper place, and that 

the intention of the Legislature is more 

clearly reflected by a particular statute 

than by a general one. Accordingly a 

specific act is properly regarded as an 

exception to, or qualification of, a general law on the same subject previously 

enacted. In such a case both statutes 

are permitted to stand, the general one 

being applicable to all cases except the 

particular one embraced in the specific 

act. Townsend v. 

16 S.w.2d 1063.” 

Terrell, 118 Tex. 463, 

Sam Bassett Lumber Co. 

v. City of Houston, 145 Tex. 492, 198 

S.W.2d 879 (1947). 

See also City of Austin v. Cahill, 99 Tex. 172, 88 S.W. 542 (1905); 

Gabbert v. City of Brownwood, 176 S.W.2d 344 (Civ.App. 1943, error 

ref.); 39 Tex.Jur. 212-213, Statutes, Sec. 114. 

SUMMARY 

Agreed supervisors selected under authority of 

Article 3.06, Vernon'sTexas Election Code, are required 

to be qualified voters of the county in which they may 

serve but are not required to be qualified voters of the 

election precinct in which they may serve. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

By: LA h&J 

W. E. Allen 

Assistant Attorney General 

WEA:pw:jp 

APPROVED: 
Mr. Darrell G. Lochte, Page 3 

OPINION COMMITTEE: 

W. V. Geppert, Chairman 

Pat Bailey 

Iola Wilcox 

Gordon Zuber 

REVIEWED FOR THE ATTORNEY GENERAL 

By: Leonard Passmore 

Opinion No. WW-1449