June 

Honorable John Connally 

Governor of Texas 

Austin, Texas 

27, 1963 

Opinion No. C- 103 

Dear Governor Connally: 

Re: Residency requirements of 

Judicial Officers of the 

Twelfth and Thirteenth 

Supreme Judicial District. 

This Is to acknowledge 

dated June 24, 1963, from which 

receipt of your opinion request 

we quote: 

"House Bill 68, Chapter 198, Acts of the Fifty-, 

Eighth Legislature creates two new Courts of Civil 

Appeals effective September 1, 1963, to be located\ 

at Tyler and Corpus Christl. Sections 4 and 5 of 

the Bill provide that the Governor shall appoint 

the chief justice and two associate justices for 

each district 'who shall reside in the territorial 

limits of the [$irticular Supreme Judicial Mstricg 

and who shall possess the qualifications now required by law.’ 

"Will you please advise me what constitutes compliance with the residence requirement for these 

judicial offices? Does the appointee have to be a 

resident of the district at the time of appointment; 

and, If so, Is any' particular length of residency 

required?" 

The language of Sections 4 and 5 of House Bill 68, Chapter 

198, Acts of the 58th Legislature, Regular Session, 1963, read In 

part as follows: 

"Sec. 4. On or before September 1, 1963, the 

Governor shall by and with the consent of the Senate, 

If in session, appoint one chief and two (2) associate 

justices for the Twelfth Supreme Judicial District, who 

shall each reside In the territorial limits of the - 

'Twelfth Supreme fudicial District, and who shall possess 

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Governor John Connally, page 2 (C-103 ) 

the qualifications now required by law, who shall constitute the Court of Civil Appeals within and for the 

Twelfth Supreme Judicial District,. . ."(Emphasis 

added). 

"Sec. 5. On or before September 1, 1963, the 

Governor shall by and with the consent of the Senate, 

if in session. annoint one chief and two (2) associate 

justices for the-jChlrteenth Supreme Judlciai District, 

who shall each reside In the territorial limits of the 

'Phlrteenth Supreme Jiidiclal Mstrlct, and who shall 

possess the qualifications now required by law, who 

shall constitute the Court of Civil Appeals within 

and fzr the Thirteenth Supreme Judicial District, 

. . . (Emphasis added). 

The appointees are thus required to be residents of the district at 

the time of their qualification for office. There are no constitu-. 

tional or statutory provisions which would require a person to be a 

resident of the district prior to his appointment. 

You are therefore'~advised that a person would not have to 

reside In the territorial limits of the Twelfth Supreme Judicial 

Dlstrlct~ or the Thirteenth Supreme Judicial District at the time 

.of his appointment, but must reside therein at the time of his 

qualifying for the office. 

Residency at the time of qualification for office Is a 

question of fact dependent upon the physical location of the lndlvldual coupled with his acts and intentions. Attorney General's 

Opinion NO. w-3382 (1941). 

SUMMARY 

Judicial officers for the Twelfth and Thirteenth 

Supreme Judicial Matrlcts ap 

8 

ointed by the Governor 

under the terms of Chapter 19 , Acts of the 58th Legislature, Regular Session, 1963, must reside within their 

respective district at the time of their qualification 

for office, but do not have to reside therein at the 

time of the appointment. 

Yours very truly, 

WAGGOWER CARR 

JR:mkh 

General 

P 
Governor John Connally, page 3 (C- 103 ) 

APPROVED: 

OPINION CONNIm 

W. V. Geppert, Chairman 

John Reeves 

Ben Harrison 

J. S. Bracewell 

Howard Fender 

REVI%WEDFORTREAT!CORNEYGENERAL 

By: Stanton Stone 

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