The Honorable Luther Jones 

Chairman 

Committee on Elections 

House of Representatives 

P. 0. Box 2910 

Austin, Texas 78767 

Dear Mr. Jones: 

Opinion No. H- 726 

Re: Terms of office of Harris 

County constables elected 

immediately following a redistricting of precincts. 

On behalf of the House Committee on Elections you have requested our 

opinion concerning the terms of office of constables in Harris County. YOU 

inform us that Harris County elected constables for each justice precinct in 

1972. On June 28, 1973, the Harris County Commissioner’s Court adopted a 

redistricting plan and, pursuant to article 2351 l/2, V. T. C. S. , appointed a 

number of incumbents to the new offices created thereby. Subsequently, all 

but one Harris County constable ran for election in 1974. See article 2355, 

V. T. C. S. Your question is whether the election of constables in 1974 was for 

a two or four year term. 

Article 5, section 18 of the Texas Constitution provides that the term of 

office for constables is four years. However, article 16, section 65 of the Texas 

Constitution establishes the timing for election of various officers, including constables, providing that: 

Notwithstanding other provisisions of this 

Constitution, the following officers elected 

at the General Election in November, 1954, 

shall serve only for terms of two (2) years: 

. . . (b) Assessors and Collectors of Taxes; 

. . . (g) Constables. At subsequent elections, 

such officers shall be elected for the full terms 

provided in this Constitution. 

Article 16, section 65 additionally provides that judges of County Courts at Law 

elected in the 1954 elections shall serve the full term of office provided in the 

Constitution. Pursuant to this provision this office has ruled that judges of County 

Courts at Law are to be elected in 1954, 1958, 1962, 1966, 1970, etc., and that 

p. 3104 
The Honorable Luther Jones - page two (H-726) 

an election for a newly created office in 1968 would be for a term of only two 

years since an election was required to be held in 1970. 

Opinion M-566 (1970). 

Attorney General 

In Attorney General Opinion WW -1292 (1962) this office ruled that an 

election in 1962 of a tax assessor-collector would be for a term of only two 

years since article 16, 

in 1956, 1960, 1964, etc. 

section 65 required elections for assessor-collectors 

Attorney General Opinion C-235(1964) reached a 

similar result with respect to justices of the peace. See also Rawlins v. Drake, 

291 S. W. 2d 349(Tex. Civ. App. --Dallas 1956, no writ). 

In accordance with these prior opinions of this office, it is our view that 

article 16, section 65 clearly requires elections for four year terms of office 

for constables in 1956, 1960, 1964, 1968, 1972, 1976, 1980, etc. Thus the 1974 

election of constables, pursuant to article 2355, V. T. C. S. , was for a term of 

only two years, and another election for the offices of constable must be held in 

1976. 

SUMMARY 

An election for the offices of constable 

must be held in 1976 pursuant to article 16, 

section 65 of the Texas Constitution. 

_Very truly yours, 

// 

Attorney General of Texas 

APPROVED: 

Cl 

Opinion Committe~e 

jad: 

p. 3105