OFFICE OF THE A-ITORNEY GENERAL OF TEXAS AUSTIN 6mAl.m c.Mmm *-RI .-


# Eon.Yhoarow

Curtis county Attorney rrio,Cou.nty Fmraall, Term

4th. upon 

## Sir1 C----J\

**nby ruoate**  **his**
letter **of August**  **of t)ais**  dapartsmnt

essntatlreSor the 76th 0 t?f&lilty,

**lllOV8B**hi.8 ah IS also in.the 7bth erebyvaaate b5.soffiae? f the Constitutionupon

**sotion** 2, whit& reads es followar
nate **ShEi** 

# oonsistofthirty-one all never ba inoraasshabove this **UB8** or Rs~reee,nlaCfvsls ahall **QOll-** &y-three menibcra util the first apportlogmnt after the adoptlen of this Constitution, when or at any appostlonmant thereafter, the nuatber

of Rapreeentativsazanybe **inoreeo8d** by the Lagislature,upon%he ratio of oat aloT0than one Repmsentattve for every fifteen theueand lnhabitante; provided, the nmbar of Repream2tW tives shallnever exaead..one hundred and fifty."Hon. Woodrow Cuxtls, Page 92.

Article ?i,Seotion 7, which reads ea rollowa: *?fO pernon shallbe a **ReprtWentatiV8,** WIleee he be a .aitixen0r the UnIted States,-and, at the tIm8 or hfe election, a qualfrlrd eleator Oi this State, and shall hat8 been a resident of this State two **years** next preaedinghis eleotion, the last year thereof a resident of the distriat for whlah he shallbe ohosen, and aball have attained the age of twenty-oneyear@.* Article 3, Seotion 23, whioh reads as Sollowar *It any Senator **or** Representativereaove his reSId8XlO8

irOn the dlstrlat **or** county **for** whioh he was cleated, his Office &all thereby beacme vaoant, and the vaoanoy shallbe filled as provl'ided

In eeatlon 13 of this erticle.w Article 3, Se,otion 25, which reads aa follorsr -The State eball be dfvlded into Senatorfal Dietriots of aontiguoue~territoryaocordlng to the number oS qualified electors, as nearly as may be, and each dlstriot shall **be** entitled to eleat one Senatorsand no rIngle county shall be entitled to more than on8 Senator.W Art-tiole

3, Seation 26, whioh readsas follows: .*The members ot the BOWS of ~epresenktivea **shall** be appOfiIon8d apong the Several eOMtt46, aacordlng to the nuxaber of population In eaah, es nearly es my be, on a ratio obtsinedby dlviding the population of the State, aa aeoertain8d by the most reO8nt **United** States cenaua, by the number of smmbera of which the F?ouseis magosedt provided, that whenever R 8iqg1e oOWlty has sufflaientpopulation to be entitled to a Repreeentatlre, suoh aounty shall be formed I?- to a separateRepresentativeDistrict, end when two ormore aountiee are required to~make up the ratio OS representation,rrueh ,eoimtiesshall b8 aontiguoue to eaah other, and when my one aounty haa more than suffialent populetion tO be entitled to on8 or"mora.Repreeentativee,mob Repre'aentatIVe

or R8pre6entf3tIV8s shall be PPportioned,toauah~ oounty, and for any ~lrPlue of population lt may be joined in a Repreeentative Distiiotwith any other~coatiguouseOUOtY or oountlea.*Ron. Foodrow Curtis, pa&e #S.

It will be observed from a i.r ading of all of the above ConetitutIonalprovisionsupon t 1s subject, that it WB~ contmplated by the brezners of the Constltutlon that, ln certain Inetancea,a Senator or a Representativemight be electedror e slogle oounty, ii a pertloular countymet the populationr4quiraenta; Or, that a Senator or a Representetlvemight, on the other hand, be eleoted from the dIstrI.ct

compoead of aeveral oountiea. RxamlnlnSArticle 3, Section 25, In the light of this understandiugoi.the other provisions of ArtIcl4 3 of t.h4 ConstItut.,lon,

we are impelled to the conclusion that if a State Representativebs elected from a dlatrlct amposed Of several counties lt was Intcmdedby th8 frameme of the Constitution that hia offioe be vaaated only b,y.a removal of,hla residence frm the district, and not by nera>y r4- ffiovlug

hle resldenos from county to countywithin the dletrict.
Xn the ae6a aher a district Is composed of ae+eral counties, the Repreaentatlvs Is elected for the district, and not for the partloular county. On the other hand,where the alogle county la entitled to,a Repreeentative,of oourse, the Rapreeentatite Ia elected for the county. If It had been intended by the rramers ob the Conatftutlo~ thatmere removal rrom one countywithin the district to another countywithin the district ahwld vacate.the offlee or State Representative,alearly therewould have been no necessity ror inserting the term vdIatrtctn In Art1014 3, Section 23. If that had been the Intent of the'rrainers of the Conetltutloh,we believe they would here stated merely that: "If any Senator or Repr4eentatlvsr(Mov4 hia residence iron the county tar which he was eleoted, his offlo~ ahall thersby becorne vacant, and the vacancy shell be filled a8 provIded.lnseatlon 13 of this article." '~4therefore advlee that In our opinion, If'Ur. Smith removes his residenae frm FrIo County, which 1s within tha 76th Dlotrict for whloh he w&selected, to Atascofm CcuntY; wblch 18 aleo wIthIn the 96th RepreeentatlveDistrict for which he 016s elected, he wilt not therebyvacate hla omoe.IIon.Eoodrow Curtis, ?age $4.

24 wirh to express our appreciation for the helprul disc::csionof th,ie:%tter contained in your r4qU44t.

Yours very truly

R'?Z:pbp 

## ~ppRoVEThu6

19, 1939 -.a7-u-J ATTORNEY GEblERAL

OF TEXAS