## TEE ATTORNEY GENEIRAL OFTEXAB AwrrxN. TEEXAH vu711

September 5, 1973 Honorable David R. White County Attorney i20 East North St Uvalde, Texan 78801 Dear Mr. White: Opinion No. H- 97 Re: Effect of county redistricting upon unexpired term6 of county commi66ionerr and upon **local** option 6tatur **Your** letter ofMay 17, 1973, advise6 that ‘Uvalde County i6 in the proce66 of redirtricting it6 county Commi66ioner6 PrecinctE”, and make6 the following inquirier:

“Que6tion No. 1. **Our** Commi66ioner6, of course. are elected for a four year term a6 provided in Article 5-18 ofthe Texar Con6titution. Iwould al60 refer you toAttorney General Opinion in 1945. No. o-6905. When thi6 redi6tricting i6 done will our commi66ionerr 6erve out their term6, **even** though 6ome ofthem do not live in their new dirtrict?

“Quertion No, 2. What happen6 if we included a portion ofthe County which ir dry with a portion ofthe County which i6 wet in there new dirtrictE?” **Question** No. I i6 controlled by Article 2351l/2 (b). V. T. C.S., which provider:

‘l(b) When boundarier of commi66ionerr precinct6 are

changed, the term6 of office of the~commirrioner6 then in office 6hall not be affected by ruch change, **and** each commi66ioner rhall be entitled to 6erve for the remainder of the term to which he wa6 elected even though the change in boundarie6 may have placed hi6 rs6idence outride of the precinct for which he WPE elected.”

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The Honorable David R. White, page 2 (H-97)

The rtatute codified the controlling case law in exi6tence in 1965 when it wa6 adopted. In Childrers County v. Sach6e. 310S.W. 2d414 (Tex. Civ. App. , Amarillo, 1958, writ ref ’d. n. **r. e.**  **1,** the **Court** determined that, where the redistricting of a county placed anincumbent County Commi66ioner outside ofhi6 precinct, the Commi66ioner had a legal right to hold office until hi6 term expired. The Supreme Court of Texa6, in refu6ing theapplication for writ of error [ChildreEs County v. Sachse, 158Tex. 371, 312S.W. 2d 380 (1958)]. 6pecifically approved ofthe Court of Civil Appeals’ holding by saying:

”
. . . We approve theholding ofthe Court of Civil Appeal6 that change6 in precinct boundaries do not create avacancy in the office of County Commi66ioner or deprive the incumbent of the right tohold office for the remainder ofhi6 term, even though by rearon of 6uchchange6 hi6 re6idence i6 notwithin the precinct a6 redefined. 310S.**W.** 2d414.” Accordingly, the answer to **your** firat question i6 that, after rediatricting, **your** present commi66ioner6 may 6erve **out** their re6pective term6 of office without relriding in the newly e6tablirhed precincts. Your 6econd inquiry involve6 the effect of redistricting uponwet or dry territory e6tabli6hed by previou6 local option election6. Article 16520ofthe Texa6 Constitution provide6 the authority for local option elections. Article 666-32 of the Texa6 Penal Code implement6 the con6titutional provision. The general rule ie that where the voter6. by an election, have adopted a local option 6tatu6, 6ubEequent reorganization ofthe area with new boundaries doe6 not affect the local option 6tatu6 within the territory originally encomparred by the election. Houchins v. Plainor, 130Tex. 413, 110S.W. 2d 549 (1937); Bullington V. Lear, 230S.W. 2d 290 (Tex. Civ. App., El Pa6o, 1950, nowrit); Goodie Goodie Sandwich v. State, 138S.W. 2d906 (Tex. Civ.App., Daila6, 1940, writ dirm’d., jmnt.cor.); Ex Parte Pollard, 51Tex. Grim. 448, 103S.W. 878 (1907). And ree Attorney General Opinion H-59 (19733 \

p. 445The Honorable David R. White, page 3 

### (H-97)

You are therefore advised that area6 affected by redistricting will retain their wet or dry status until changed bya new election called for that purpose. SUMMARY L. After the redistricting of Uvalde County, the present **county** commissioner6 may serve out their term6 of office without residing in the new precinct6 established by such redistricting. 2. Area6 affected by redistricting will retain their wet or dry status enjoyed prior toany redi6tricting action ofthe commissioners court. Very truly yours, 

# u Attorney General of Texa6 APPROVaD:

DAVID M. KENDALL, Chairman Opinion Committee

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