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 of May 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 of the Texar Con6titution. I would al60 refer you 

to Attorney General Opinion in 1945. No. o-6905. When 

thi6 redi6tricting i6 done will our commi66ionerr 6erve 

out their term6, even though 6ome of them do not live 

in their new dirtrict? 

“Quertion No, 2. What happen6 if we included a 

portion of the County which ir dry with a portion of the 

County which i6 wet in there new dirtrictE?” 

Question No. I i6 controlled by Article 2351 l/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.” 

p. 444 

)1 
. 

. 

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. 310 S. W. 2d 414 

(Tex. Civ. App. , Amarillo, 1958, writ ref’d. n. r. e. 1, the Court determined 

that, where the redistricting of a county placed an incumbent County 

Commi66ioner outside of hi6 precinct, the Commi66ioner had a legal 

right to hold office until hi6 term expired. The Supreme Court of Texa6, 

in refu6ing the application for writ of error [ChildreEs County v. Sachse, 

158 Tex. 371, 312 S. W. 2d 380 (1958)]. 6pecifically approved of the Court 

of Civil Appeals’ holding by saying: 

” . . . We approve the holding of the Court of Civil 

Appeal6 that change6 in precinct boundaries do not 

create a vacancy in the office of County Commi66ioner 

or deprive the incumbent of the right to hold office for 

the remainder of hi6 term, even though by rearon of 

6uch change6 hi6 re6idence i6 not within the precinct 

a6 redefined. 310 S. W. 2d 414. ” 

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 upon wet or 

dry territory e6tabli6hed by previou6 local option election6. 

Article 16 5 20 of the 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 

of the area with new boundaries doe6 not affect the local option 6tatu6 within 

the territory originally encomparred by the election. Houchins v. Plainor, 

130 Tex. 413, 110 S. W. 2d 549 (1937); Bullington V. Lear, 230 S. W. 2d 290 

(Tex. Civ. App., El Pa6o, 1950, no writ); Goodie Goodie Sandwich v. State, 

138 S. W. 2d 906 (Tex. Civ.App., Daila6, 1940, writ dirm’d., jmnt.cor.); 

Ex Parte Pollard, 51 Tex. Grim. 448, 103 S. W. 878 (1907). And ree Attorney 

General Opinion H-59 (19733 \ 

p. 445 
The 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 by a 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 to any redi6tricting 

action of the commissioners court. 

Very truly yours, 

u Attorney General of Texa6 

APPROVaD: 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 446 

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