THE ASTBRNEY GENERAL 

OF-XAS 

CRAWPOlzD c. MARTIN AUSTIN.TEXAR 78711 

July 26, 1972 

Honorable Joe Resweber 

County Attorney 

Harris County Courthouse 

Houston, Texas 77002 

ATTN: Jerry B. Schank 

Assistant County Attorney 

Dear Sir: 

Opinion No. M- 1180 

Re: Authority of County 

Attorney of Harris 

County, Texas, to investigate election 

frauds. 

Your request for an opinion on the above subject matter asks 

the following question: 

"Is the County Attorney of Harris County authorized to investigate allegations of election 

frauds presented to him by written affidavits of 

two or more reputable citizens under subsection 

1 of Article 9.02 of the Election Code?" 

Article 9.02 of the Texas Election Code requires the district and county attorneys, in the case of elections involving 

less than two counties, to investigate election frauds presented 

to them by written affidavits of two or more reputable citizens. 

It is held in Shenperd v. Alaniz, 303 S.W.2d 846 (Tex.Civ. 

App. 1957, no writ), that it is the principal duty of the district 

and county attorneys to investigate and prosecute violations of 

all criminal laws, including election laws, and these duties 

cannot be taken away from them by the Legislature. See also 

Garcia v. Laughlin, 155 Tex. 261, 285 S.W.Zd 191 (1955). 

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Honorable Joe Resweber, page 2 (M11180) 

It is the primary duty of the District Attorney of Harris 

County to represent the State in criminal cases pending in the 

district and inferior courts of Harris County, Texas. Article 

326k-26, Vernon's Civil Statutes. 

It is the primary duty of the County Attorney of Harris 

County to represent the State, Harris County, and the officials 

of such county in all civil matters pending before the courts of 

Harris County, and any other courts where the State of Texas, 

Harris County, and the officials of such county have matters 

pending. Article 331h, Vernon's Civil Statutes. 

Since the investigation of election frauds and the prosecution for the same are criminal matters, the primary duty to 

make such investigations falls on the District Attorney of Harris 

County rather than the County Attorney of Harris County. This 

does not, however, divest the County Attorney of Harris County 

of his constitutional power under the provisions of Article V, 

Section 21 of the Constitution of Texas. State v. Moore. 57 Tex. 

307 (1882); Harris County v. Stewart, 91 Tex. 146, 41 S.W. 650 

(1897): State ex rel. Hancock v. Ennis, 195 S.W.2d 151 (Tex.Civ. 

App. 1946, error ref. n-r-e.); State ex rel. Downs v. Harney, 

164 S.W.2d 55 (Tex.Civ.App. 1942, error ref.): Shepperd v. Alaniz, 

supra: Garcia v. Lauqhlin, supra. 

In view of the foregoing, you are advised that under the 

provisions of Article V, Section 21 of the Constitution of Texas 

and the provisions of Article 9.02 of the Texas Election Code, 

the County Attorney of Harris County is authorized to investigate 

election frauds. However, this investigation is the primary duty 

of the District Attorney of Harris County rather than the County 

Attorney of Harris County. Articles 326k-26 and 331h, Vernon's 

Civil Statutes. 

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I 

. 

Honorable Joe Resweber, page 3 (M-1180) 

SUMMARY 

The County Attorney of Harris County is 

authorized to investigate election frauds 

under the provisions of Article V, Section 21, 

Texas Constitution, and Article 9.02, Texas 

Election Code. However, this investigation 

is the primary duty of the District Attorney 

of Harris County rather than the County Attorney of Harris County. Articles 326k-26 

and 331h. Vernon's Civil Statutes. 

truly yours, 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E, Allen, Co-Chairman 

Melvin Corley 

Bob Lattimore 

Jerry Roberts 

Max Hamilton 

SAMUEL D, MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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