Honorable F. T. Graham opinion No. C- 504 

Criminal District Attorney 

Cameron County Re: Whether those county clerks 

Brownsville, Texas now incumbent are required 

during their current terms 

to bring themselves and 

their respective staffs 

under the provisions of 

Article 1937, Vernon's Civil 

Statutes, as amended by 

House Bill 125, Acts of the 

Dear Mr. Graham: 59th Legislature, 1965. 

You have inquired as to whether those county clerks 

now incumbent are required during their current terms to bring 

themselves and their respect,ive staffs under the provisions of 

Article 1937, Vernon's Civil :Statutes, as amended by House Bill 

125, Acts of the 59th Legislature, 1965. 

The amended Article 1937, which under Section 39, 

Article III of the Texas Constitution becomes effective on 

August 30, 1965, 90 days after the adjournment of the 59th 

Legislature, prwiaes in patt: 

"Section 1. Each aounty ,clerk shall, before 

entering uEon the duties of his office, give bond 

. . _. LandJ shall also take and subscribe the official oath which shall be endorsed on the bond . . . 

"Section 2. . 4 .' Qch deputy-and each empl~oyee shall be covered funder'bong for the same 

conditions and in the same amount as the county 

clerk . . .'I 

Those clerks ,now in office are bonded pursuant to the 

requirements of Article 1937 as it stood prior to amendment. The 

legislature has failed to prwide that the bonds of those now 

incumbent should be increased to the new minimum rates set forth 

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. 

Hon. F. T. Graham, page 2 (C-504 ) 

in the amended Article 1937. The provisions of Section 1 are 

by their clear and unambiguous terms limited to the county clerk 

when qualifying for his office. There is. however, authority 

under Article 6002, Vernon's Civil Statutes, for those counties 

wishing to require increased bond of him. Said Article provides: 

"When the coavnissioners court becomes satisfied that the bond of any county officer which 

has been approved by said court is from any cause 

insufficient, they shall require a new bond or 

additional security to be given. Said court 

shall cause said officer to be cited to appear 

at a term of their court not less than five days 

after service, and shall take such action as they 

deem best for the public interest, and their decision shall be final and no appeal shall lie 

therefrom." 

In the absence~,of an action by the commissioners court 

pursuant to Article 6002, it is our opinion that there is nothing 

in Article 1937 which would automatically require the county 

clerk to bring his bond up to meet the new minimum requirements. 

There is a well settled policy,against judicial findings of 

abrupt breaks or changes in the law unless the legislature has 

clearly indicated that such was intended. Adams v. Rockwall 

County. 280 S.W. 759 (Tex.Comm.App. 1926). ,You are therefore advised that unless the commissioners court acts under Article 6002 

to require him to do so, the county clerk now incumbent need not 

increase his bond. However, he will continue to be required to 

keep his bond at the level required of him upon entering office 

for his current term. Where the legislature has simultaneously 

repealed and re-enacted a statute, it will be presumed that the 

original statute continues in force until such,time as the act 

as re-enacted becomes effective or operative. McMullen v. Guest, 

6 Tex. 275 (1851): Handel v. Elliott, 60 Tex. 145 (1883). This 

presumption should be espec,ially strong in the instant case where 

the requirements of the new statute are more stringent than those 

of the old. 

You are further advised that the coverage of Section 2 

of Article 1937 as amended, would not, by the clear terms of such 

section, become operational independently' of Section 1. Therefore, so long as the county clerk is not brought within the 

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Hon. F. T. Graham, page 3 (C-504 ) 

coverage of Section 1 of the amended act, his subordinates will 

not come within the coverage of Section 2. 

Neither does Section 3 of Article 1937, which provides 

how the bonds set forth in the first two sections will be payable, make any requirement independently of the first two sections. 

We are enclosing herewith our recent Opinion C-506 

which fully answers your third question. 

SUMMARY 

Those county clerks now incumbent are not 

required during their current term of office 

to bring themselves and their respective staffs 

under the provisions of Article 1937, Vernon's 

Civil Statutes, as amended by House Bill 125, 

Acts of the 59th Legislature, 1965. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

Craddock, Jr. 

LC:ra 

APPROVED: 

OPINION COMMITTEE 

W. 0. Shults, Chairman 

Sohn Banks 

Kerns Taylor 

Pat Bailey 

Ralph Rash 

APPROVED FOR THE ATTORNEY GENERAL 

By: T. B. Wright 

Assistant 

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