September 24, 1963 

.,7 ,,,,,. %*y\ ,i,C> wa.‘LQHonorable Jules Damianl, Jr. 

Criminal District Attorney 

Galveston County 

Galveston, Texas 

Opinion No. C- 147 

Dear Sir: 

Re : Expiration date of 

current term of the 

Judge of the Court 

of Domestic Relations for Galveston 

county l 

You have requested an opinion of this office as to 

the expiration date of the current term of the Judge of the 

Court of Domestic Relations for Galveston County. S clfically, 

you ask whether the term expires on December 31, 196 ee 

December 31, 1966. 

, or on 

The Court of Domestic Relations for Galveston County 

Has created by Chapter 64, Acts of the 57th Ieglslature, Third 

Zalled Session (cod:fled as Article 2338-16 In Vernon's Civil 

Statutes), which took effect on September 1, 1962. Section 7 

of the original act provided In part as follows: 

"Sec. 7. The term of office of the Judge of said 

Court of Domestic Relations shall be for a period of 

four (4) years, the first full term to commence on 

January 1, 1965. Immediately upon the effective date 

of this Act, the Governor of the State of Texas shall 

appoint a suitable person as Judge of said Court, who 

shall hold office until the next general election and 

until his successor shall be duly elected and qualified. Thereafter, said Judge shall be elected as 

provided by the Constitution and l,"",s;$f the state for 

the election of District Judges. 

Under these provisions, the judge elected at the general 

electioti In 1962 would have received a term expiring on 

December 31, 1964, Andy an election for a full term of four 

years would be held In 1964. However, we are of the opinion 

that these provisions of the statute are contrary to Article XVI, 

Section 65 of the Constitution of Texas and must give way to 

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j . 
Hon. Jules Damlanl, Jr., page 2 (C-147 ) 

the constitutional provisions. 

The Court of Domestic Relations for Galveston County 

IS a court of county-wide jurisdiction. Section 30 of Article 

of the Constitution fixes the length of the full term of offIce 

TJ 

for the judge of the court at four years, In the following 

language: 

"Sec. 30. The Judges of all Courts of county-wide 

jurisdiction heretofore or hereafter created by the 

Legislature of this State * * * shall be elected 

for a term of four years, and shall serve until 

their successors have qualified." 

If this were the only provision In the Constitution relating 

to the term of this particular office, the judge elected at 

the general election In 1962 would have received a full term 

of four years beginning on the date fixed by Article 17 of 

the Revised Civil Statutes for commencement oft the term, 1. e., 

on Sanua 

(1963, 

1 1963. In Eades v. Drake 160 Tex. 381 332 S.W.Z?d 

553 ihe Supreme Court held thai, under'% p&isions of 

the Constitution fixing the term of office. for district judges 

at four years, the judge elected at the first general election 

after creation of a new district courts received a four-year 

term, although the statute creating the court provided that 

'the flrst'electlon should be for a term of two years. .Howe+er, 

we are of the opinion that the holding In Eades v. Dra& Is 

not controlling as to the office of judge of a court of domestic 

relations, but rather that the length and expiration of the 

initial term Is governed by Article XVI, Sectlon 65 of the 

ConstI$utIon. 

Under Artlcie XVI, Section 65 of the Constitution, 

.provIdIng for transition from two-year to four-year terms for 

'county and, precinct officers, certain officers received fouryear terms at the general election in 1954 and others received 

two-year terms. The section provides that following the 

expiratlon of these terms, all the officers sre to be elected 

for full four-year terms. In Attorney General's Opinion No. 

W-1292 (1962), It was held that under this section of the 

Constitution, which gave tax assessors-collectors a two-year 

term In 1954, the electlon.of an assessor and collector of 

taxes for a four-year term occurs at the general elections 

of 1956, 1960, 1964, etc., and that If the separate office of 

assessor and collector of: taxes was created In a county under 

10,000 population by a special election held In May of 1962, 

the person elected to the office at the general election of 

1962 would not be elected for 8 full four-year term but would 

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Hon. Jules Damlanl, Jr., page 3 (C- 147 ) 

be elected only for a term expiring on December 31, 1964. 

Among those officers receiving four-year terms at 

the 1954 general election were judges of county domestic 

relations courts. Thus, these officers are to be elected 

for four-year terms in 1958, 1962, 1966, and every four years 

thereafter. The provision In Section 7 of Article 2338-16 

for commencement of the first full term on January 1, 1965, 

was therefore unconstitutional. The invalidity In this 

section at the time of the 1962 general election did not 

Invalidate other provisions of the act, and the judge was 

elected for a term of four years as provided In the ConstlAt Its regular session In 1963, the Legislature 

amended Section 7 of Article 2338-16 to read as follows 

(Acts 58th Leg., R.S. 1963, ch. 454, p. 1168): 

"Sec. 7. The term of office of the judge of 

said Court of Domestic Relations shall be for a 

period of four (4) years. Said judge shall be 

elected as provided by the Constitution and laws 

of the state for the election of judges of Courts 

of Domestic Relations. * l *I' 

zhe caption of the amendatory act states that the act Is 

amending the term of office of the judge of said court to 

correspond with the Constitution of the State of Texas." 

It thus appears that the purpose of the amendment of Section 7 

was to remove the Invalid provision making the first full 

term commence on January 1, 1965. The statute as amended Is 

now In harmony with the Constitution, and the present judge 

Is holding office under an election to a four-year term which 

will expire on December 31, 1966. 

SUMMARY 

At the general election of 1962, the Judge of 

the Court of Domestic Relations for Galveston County 

was elected to a four-year term which will expire 

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Hon. Jules Damlanl, Jr., page 4 (C-147 ) 

on December 31, 1966. Article XVI, Section 65 

of the Constitution of Texas fixes the dates 

for elections for full terms of judges of county 

domestic relations courts as the years 1954, 

1958, 1962, and every four years thereafter, and 

a provision In the original act creating the Court 

of Domestic Relations for Galveston County which 

fixed January 1, 1965, as the date for commencement 

of the first full term was Invalid. 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

Assistant 

MKW:sJ 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Ben Harrison 

Edward Moffett .. 

Polk Shelton 

Scott Garrison 

APPROVED FOR THE ATTORNEY GE,NERAL 

BY: Stanton Stone 

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